Title deed - problem

[speedpete]

Hi,

I bought an apartment back in 2008 and finished the handover in 2010. I paid EMAAR to register the title deed which HSBC should have received afterwards (due to mortgage).
I recently (by coincidence) realized that HSBC never received my title deed due to an "error" at EMAAR or Dubai Land Department.

Now Dubai Land Department demands a 4% registration fee instead of the 1% I paid back in 2010. This is an significant amount of money to me.

Has anyone else been in the same kind of trouble (or similar)?
and what was the outcome?
What are my best options?

(detalied description included below)

Best regards,
Peter True
====================
Facts

• I bought an apartment in 2008.
• The property was mortgaged through HSBC.
• The developer was EMAAR.
• The handover was completed in 2010.
• All fees during handover were paid, everything was done in due time and all procedures that I was presented with were followed accurately.
• Two manager cheques were drafted for Dubai land department as part of the handover.
• Both cheques were given to EMAAR at handover together with all the other documents.
• I received a signed form from EMAAR called “application for title deed registration”
• EMAAR was responsible for contacting Dubai Land Department and starting the issuing of the title deed (and pay DLD with the two cheques).
• HSBC was merely responsible for picking up the title deed (using their PRO) when it was ready.
• I discovered 1½ months ago (by coincidence) that HSBC had never received my title deed.
• Now EMAAR/DLD requires me to pay the increased 4% fee, instead the 1% paid back in 2010 (to complete the title deed registration)
• I found an e-mail and a notification in my SPAM folder from EMAAR (½ year after handover) that mentions that a technical error resulted in my title deed not being issued. I'm not sure if the error relates to EMAAR or Dubai Land Department.
• Then complete silence from then on (last 4 years). I never heard from HSBC in 5 years.

Am I responsible for the increased 4% registration fee or not? I paid all fees correctly back in 2010 and expected everything to be in order. If I had seen the e-mail from EMAAR I would have naturally reacted but should I ultimately be responsible for an error occuring at EMAAR/DLD?

 

[rahul7020]

Hi Peter

It's really unfortunate to hear about your situation that you have to pay the revised land dept registration charge.

As i understand from the above details mentioned that a notification (after six months from handover) was sent from the developer advising the non completion of the property registration . The 4 percent increase in land dept fee's came into effect around Sept 2013 & hence it looks more likely that things would be in the favor of the developer.

Again the above it just a personal opinion of mine and for any legal support of this matter you would be best off consulting with a law firm.

Thanks
Rahul