Q: Hi. I would like to ask a question regarding the real estate property sale agreement. We are brokers and we had a client who wanted to buy a property in the UAE. The seller was selling it for 2.1M and the buyer agreed to that price and they both signed the MOU. In the MOU there's an article mentioned that the buyer and seller must each submit a security deposit cheque amounting to AED 100,000 that we the broker will keep and be returned to both after a successful transaction. And there is another article stating that if ever any of the parties cancel or withdraw from the agreement period which is 15 working days, then the security deposit will serve as a penalty and then be disbursed to the broker and the damaged party. In this case, the BUYER didn't give us a security deposit cheque and then he canceled after a few days. Now the SELLER is pursuing a legal case against the broker and the BUYER and the buyer is not responding to calls or emails. What are the legal cases for this?

Q: We are from the UK and our broker found a buyer for a property. The MOU was agreed and had an expected transfer date and expiry date. The MOU stated that the buyer will prepare for NOC and the take transfer of the property during the period we are in Dubai.We arrived in Dubai during the agreed dates. The buyer did not prepare the NOC in advance but only after we arrived leaving insufficient time for the NOC to be completed. The buyer did give us a small cash advance on the sale which we still hold. On the day of the transfer, the buyer claimed they had an emergency and were not available to complete the process. We had to return to the UK.However, the buyer and broker are now expecting us to return to Dubai to complete the process. However, due to health restrictions we can not do this easily.Are we as sellers obliged to return and complete the transfer? Has the MOU effectively expired? Are we entitled to the buyer's deposit? Can the MOU be terminated?Thank You.

س: طلب عميل بضائع بموجب اتفاقية بيع وشراء، في كينيا. تتضمن اتفاقية البيع والشراء بند ينص على أن إجراءات الاسترداد والتحكيم سيتم متابعتها في كينيا. البضائع في طريقها حاليًا إلى مطار دبي الدولي. يريد العميل إلغاء الصفقة، وبدلاً من طلب استرداد الأموال من الشركة في كينيا، قام برفع قضية ضدي في مطار دبي الدولي لاسترداد الأموال. لقد كنت في الأصل وسيطًا بين المشتري والبائع. كيف يمكنني إلغاء هذه القضية الكاذبة المرفوعة ضدي؟ ما هي العواقب القانونية التي سأتعرض لها؟ لم يتم تبادل أي أموال في مطار دبي الدولي؛ حيث دفع المشتري في كينيا للبائع مباشرةً (الفاتورة والإيصال متوفرين).

An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

This Bylaw regulates the Real Estate Brokers Register in the Emirate of Dubai. No person may engage in real estate brokerage activities in Dubai unless he is licensed by the competent entities and entered in the register, which is maintained by Dubai Land Department.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.