March 3, 2009
Is Dubai’s Luxury Real Estate Market Finished?

There is no question that Dubai’s luxury real estate market is facing
major issues at the moment, despite the constant denials and positive-
spin press releases being issued, some developers are facing up to
reality, and the number of canceled or delayed projects makes a
mockery of announcements of new projects. Dubai would not have offered
$20 billion in bonds last week if all was well. Incidentally, Abu
Dhabi immediately bought $10 billion of said bonds.

Lack of Transparency
Dubai’s real estate industry faces some massive hurdles if it is to
recover, not least of which is an almost total lack of transparency
and an apparent willingness on the part of many real estate agents to
actively mislead buyers and propagate the myth that Dubai is immune to
the financial crisis. Just a few months ago, Colliers International, a
“well-respected,” real estate consultancy firm, put out a report
stating that property prices in Dubai had fallen just 8% in the fourth
quarter of 2008. This would appear to be a deliberate attempt to mis-
lead potential investors as it turns out that prices actually fell
between 30-50%. Prices for luxury apartments on the Palm Jumeirah are
for sale at a full 50% less than last year and still not moving. Many
expect the fall to continue and see a likely further 50-60% drop in
2009.

A recent full-page advertorial in the Riviera Times, an English-
language newspaper on the Cote D’Azur stated that “Dubai’s property
market has seen price substantial growth in 2008 and has proven strong
enough to weather the credit crisis,” . The advertorial in question
was paid for by DubaiPenthouses.ae, and was disguised as an editorial
piece. Much of Dubai’s luxury property boom was based on selling
properties to British and German small investors. They have now dried
up and the smaller real estate agents are dropping like flies.

Just yesterday, 32 group, made a statement claiming that “Investors in
Dubai’s real estate sector can still achieve a minimum 15 per cent
annual return on investment despite the slowdown in the sector.”
Business 24-7 AE.

That is 15%. Minimum. Guaranteed. Except that it is not guaranteed,
and should you lose your job while waiting for this guaranteed 15%
ROI, you have 30 days to leave the country or face fines and
imprisonment.


Muslim women stare at a girl in a skimpy dress
Cultural Differences

Unfortunately, the response of the Dubai government to an increasing
amount of negative press has been to draft a new media law which would
make it illegal to publish “misleading news that harms the national
economy” and for “deliberately publishing false news,” both of which
carry $136,000 fines along with a fine of $272,000 for “insulting,”
members of the ruling class. Local journalists are up in arms - “We
reject this law,” said Mohammed Yousef, the director of the UAE
Journalists Association, saying journalists were puzzled by the vague
wording of offenses such as “false news” and misleading information on
the economy.

“You could interpret every news item as misleading … particularly
since the economic indicators are unpredictable,” he said.

Of course, the local ruling class just happens to own many of the more
well-established publications and Al Khaleej, owned by the Arab Media
Group favor the new law and complained about the “tone of exaggeration
and panic,” in the international and local media.  “It is derived
either from ignorance … or it suggests the existence of a malicious
campaign whose masterminds are trying to make use of the current
situation to undermine” the country, the paper said. Just because you
are paranoid, does not mean they are not out to get you. In the
meanwhile, you can say what you like about Dubai - as long as it is
good news. I certainly don’t consider myself ignorant of the situation
in Dubai, despite their best efforts to keep me in the dark.

Certainly two recent media catastrophes were splashed all over the
international news scene, and neither of them bode well for Dubai’s
attempts to integrate into Western culture. Dubai’s first
“International Festival of Literature,”  advertised as the “first true
literary festival in the Middle East,” came a cropper when the
festival organizers black-listed Geraldine Bedell’s novel “The Gulf
Between Us,” which featured a gay sheikh, prompting Booker prize
winner, Margaret Atwood to pull out of the show. Apparently there are
no gay men in the UAE. She has since backed down for some reason, and
made two virtual appearances via videolink from Toronto.

Another media disaster hit the news when Israeli tennis player, Shahar
Peer was denied a visa to compete in the Women’s Dubai Tennis
Championship. The Wall Street journal withdrew sponsorship from the
event as a result. One of the other major sponsors is Barclays Bank
PLC, and seeing as they are surviving purely from cash injected by the
Qatari royal family, I have a feeing they will not be pulling out.
None of this prevented Mayor of Washington D.C. Adrian Fenty from
paying the tournament a visit.


Mamie Pearce faces four months in prison, deportation and the loss of
her children after being accused of adultery in Dubai.
Other recent culture clashes include the case of Mamie Pearce, a
British woman married to an Egyptian man. Ms. Pearce was sentenced to
4 months in prison by a Dubai court after her husband accused her of
adultery. Police entered her home and arrested her because she was
inside the house with a male friend. Ms. Pearce was not allowed to
represent herself in court, and custody of the couple’s 3 children was
immediately awarded to the husband. This is often the case as Dubai
operates under Sharia law, which heavily favors the man. Ms. Pearce is
currently in hiding, but unlikely to avoid the jail time, after which
she will be immediately deported - without her children. The
Telegraph.

Dubai’s hotels have taken to handing out pamphlets explaining the
risks of displaying public affection after a well-publicized case of a
British couple being arrested for having sex on a beach. Public
displays of affection are frowned upon in Dubai and there have been
several arrests for kissing in public. Sex outside marriage is
illegal, as is cohabitation, adultery and homosexual behavior.

A recent “public awareness campaign,” includes undercover police
patrols along the beaches and watchtowers  to crack down on topless
sunbathing and “indecent behavior.” Dozens were arrested last year for
“disturbing families enjoying the beach.” The city is also installing
signs warning tourists in Arabic, English and several other languages
not to sunbathe topless or change clothes in public. My thinking is
that this should be in the sales brochures, not on the beaches.

Scandals and confusing laws

As buildings go up, developers get sent down.
Dubai is hastily scrambling to write new laws, in fact there have been
dozens written over the last year or so, some of them contradictory.
All the time the real estate market was booming, there was no reason
to regulate. Now all of a sudden, faced with the same issues the rest
of the world is facing plus a few home grown issues  - job losses,
foreclosures, lack of credit, Ponzi scheme developments coming to
light and laws that are confusing, un-tested and heavily favor the
developers and landlords, many of which are government-owned, Dubai is
reacting. And not in a good way. Even as the Burj Dubai reached a
record height,  13 Australians were arrested recently over alleged
bribery and fraud charges. All of them involved in the property
development world. I am not suggesting these men are guilty or
innocent, although the staggering amount of property frauds
perpetrated over the last few years suggest every one in the industry
is guilty - none the less, one thing worth bearing in mind if you are
considering a move to Dubai is that U.A.E. law allows suspects to be
held indefinitely without charge.

During the boom, the government encouraged workers to leave the public
sector and find work in the private sector. This has backfired, and as
job losses in the construction industry mount, the UAE Labor Ministry
passed a decree last month to protect local employees in the private
sector, following the layoff of 20 nationals by the local corporate
retailer and real estate investor Al Futtaim Group. This of course,
will also backfire, given that it is now much harder to fire a local
than a foreign worker. Foreigners are easy. You can fire them, refuse
to pay any severance due and they are obliged to leave the country
within 30 days when their visa expires.

Which has prompted yet another new law. The current rules state that
any company employing a foreign worker must immediately notify the
authorities and the worker’s bank should that employee be laid off or
fired. This means instant withdrawal of credit, instant withdrawal of
work visa - and 30 days to leave the country or find another job.
Dubai also has debtor’s prisons. Thousands of cars are being abandoned
at Dubai’s airport as ex-pats leave everything behind rather than risk
a jail term for unpaid bills. This is of course, being strenuously
denied by the authorities. The new law on the table at the moment is
an extension to six months if the foreigner owns freehold property.

This latest law is intended to encourage confidence. “The six-month
freehold visa, set to be launched in the coming weeks, will encourage
investors to buy property in Dubai, industry experts say.” Gulf News.

Presumably, these are the same experts that think Dubai’s luxury real
estate market is immune to the financial crisis.

Other Issues

Workers clean an oil spill on a Dubai beach
Pollution. According to The Times, “A noxious tide of toilet paper,
raw sewage and chemical waste has transformed Dubai’s most prestigious
stretch of shoreline into a foul-smelling health hazard.” Not good
news if you were hoping to take a dip in the ocean, and the local
yacht club was forced to cancel regattas last year.

The other pollution issue is oil spills, and tanker captains are still
in the habit of cleaning their tanks out at sea rather than the
Khorfakkan port in Sharjah, which is actually struggling for business
and getting 50% of the work it could handle.

Prostitution and AIDS. Yusuf Abdullah of Media Monitors sees this as
another issue facing Dubai. According to a recent article: “Most large
hotels are little more than dens of prostitution. Hotels are permitted
to issue guest permits to bring people from outside. In order to
attract customers, many hotels bring girls from Central Asia, Russia,
Romania and Western Europe. These girls are provided free
accommodation in the hotel for three months while they are expected to
service hotel guests. Each hotel has a club where girls enter for free
while men must pay 100 dirhams. Alcohol is available and consumed in
large quantities. Customers come to these clubs to pick up foreign
girls. It has been pointed out to the authorities in Dubai that they
are sitting on a time bomb. Girls with such loose moral character are
likely to be infected with the AIDS virus. There are already reports
of AIDS spreading among the local population because of the behavior
of emirati men who then infect their wives.” Media Monitor.

I am not so sure that the “loose moral character,” of the girls is to
blame here. No pimps, hotels or customers, and the issue is moot.

Using foreign labor. Many purchasers in Dubai seem prepared to look
the other way in regards to the hundreds of thousands of immigrant
laborers used in the construction industry. Once again, transparency
is an issue and a lot of hard work goes into keeping these workers
“out of sight and out of mind.” No one enjoying the luxuries Dubai has
to offer really wants to be reminded of what amounts to slave labor
that went into building the same luxury. Perhaps “indentured
servitude,” would be a more apt description. Most authorities deny
there is a problem, but the fact is, many workers are imported under
false promises of high pay, immediately have their passports taken on
arrival and are forced to live and work in squalid conditions until
the debt incurred in bring them over is paid.

All the time there was work, they were kept busy, but with the
construction industry slowing, one has to wonder just what will happen
to the estimated 400,000 Indian, Bangladeshi and Pakistani laborers
now they are no longer needed. Fires in Dubai are already numerous as
the workers attempt to cook food over open fires in crowded living
quarters, and an unspecified number of workers have already died in
these fires. Protesting is illegal, and hundreds have already been
jailed for striking for more pay.



The Future
I am usually a “the glass is half empty but you could always fill it
up,” sort of person, but Dubai is facing more than one issue.
Certainly the credit crisis has bought things to a head, and the
financial issues alone would be enough to suggest that Dubai will
crash harder than any other market. Even though Ahu Dhabi has made it
clear that they have no intention of allowing Dubai to collapse by
bailing out Dubai’s two biggest lenders, injecting an un-disclosed
amount of capital last year and now buying $10 billion in Dubai bonds,
whether this will be sufficient is a big question mark. Dubai needs to
refinance a minimum of $15 billion this year, and is currently some
$80 billion in debt. There is a staggering amount of property on the
market at the moment, much of it unrealistically priced, and an
estimated 70,000 new units will be released in 2009, mostly in the
luxury real estate sector. Careful consideration need to be done
before buying property in Dubai.

Can Dubai somehow deal with the clashes between Western and Middle-
Eastern culture? Can they clean up their act and begin attracting
small investors again? After the shoddy treatment by many developers,
this will require a lot of work and, much as I hate to say it - even
more new laws. Pollution issues on the beaches need to be dealt with;
medieval laws and labor practices involving hundreds of thousands of
workers need to be addressed.

Any single one of these problems would be relatively easily dealt
with, but the combination of problems may be insurmountable. I have to
admire the vision that started Dubai’s boom, but the obvious
differences in cultures remain a problem for the future. It is not
practical to have one law for locals and one for foreigners, and I
question both Dubai’s long-term sustainability, and the ability to
combine extravagant displays of wealth and the ready availability of
alcohol and prostitution with a large pool of unhappy labor and strict
Sharia laws.


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