أسئلة وأجوبة
أسئلة وأجوبة
8 متاح 8 • عرض الجميعI have signed Form F and got the mortgage but the seller is in breach. What to do?




1
Q: Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks





2023/11/16
895
رفض بائع العقار بيعه وطلب سعرًا أعلى


1
س: هذا للإبلاغ عن أنني دفعت شيك ضمان بنسبة 10٪ من قيمة العقار كما اتفق عليه وقبله المالك لتوقيع مذكرة التفاهم / النموذج F.
لكن وكيل العقارات أخبرنا أنه توجد بعض المشكلات الفنية أثناء إنشاء مستند مذكرة التفاهم والحاجة إلى تحديث سند الملكية.
نظرًا لأنني حصلت على قرض بنكي معتمد مسبقًا، أبلغني وكيل العقارات بالمضي قدمًا في تقييم العقار وأكد أنه في الوقت نفسه سيتم تحديث المستندات أيضًا مع دائرة الأراضي والأملاك.
بعد الانتظار لمدة أسبوعين تقريبًا عندما طلبنا إنشاء مذكرة التفاهم، أخبر الوكيل أن البائع تراجع ويريد البيع بسعر أعلى.
تم تأخير ذلك من قبل الوسيط والبائع لعدم توقيع مذكرة التفاهم / النموذج F ويجب اعتبار التراجع بعد شهر تقريبًا غير قانوني.
كوكلاء، يجب عليهم تأمين حقوق الطرفين، في هذه الحالة، حيث لم أكن مخطئًا كمشتري، ووجد الوكيل مشترٍ جديد بسعر أعلى.
كيف يمكننا اتخاذ إجراء ضدهم؟



2022/11/29
749
ما الذي يجب فعله إذا قرر بائع العقار عدم بيعه بعد توقيع مذكرة التفاهم

3
س: سيدي العزيز / سيدتي العزيزة،
لقد وقعت مذكرة تفاهم لشراء عقار. تم توقيع مذكرة التفاهم من قبل وكيل البائع خطيًا على الورق. لقد تابعنا مع وكيل البائع وكان يبقينا على اطلاع منذ ما يقرب من شهر بأن شهادة عدم الممانعة قيد الإجراء.
في الأسبوع الماضي، عندما انتهت فترة مذكرة التفاهم، أبلغنا الوكيل أن الموكل قرر عدم البيع لأن لديه عرضًا آخر. سألت الوكيل عن مذكرة التفاهم، فقال الوكيل إن مذكرة التفاهم ليس لها أي قيمة لأنها مكتوبة على الورق وليست مدرجة في طلب مؤسسة التنظيم العقاري.
أسئلة:
هل يمكنني تنفيذ مذكرة تفاهم ورقية (النموذج F)؟ أم بسبب القواعد الجديدة لم تعد صالحة وقد أخطأنا؟
كانت مذكرة التفاهم لمدة شهر واحد، وقد مضى حوالي ستة أسابيع منذ توقيع مذكرة التفاهم.
نقدر أي نصيحة.


2022/10/12
1399
Should DLD Form F be canceled if it expired for deposit cheque recovery?

3
Q: Dear Sir/Madam,
Is there a need to cancel DLD Form F if it has expired?
Form F date has expired even after extending by a month, the seller is not selling. The broker is not returning our deposit cheque saying that Form F has to be canceled on DLD.
I want to verify if this is a requirement even though the Form F date has expired.


2024/02/10
703
Is an MOU still legally binding to parties after its expiry?




3
Q: Dear Sir/Madam,
We are at the final stages of the process, with our MoU expiring while waiting for the NOC. All cheques have been issued and shared.
In the MoU, we have a couple of additional conditions regarding the seller's obligation to obtain the NOC and a penalty of 10% for defaulting on either side.
If the seller decides not to continue with the process and not renew the MoU, does the expired one still legally cover the buyer?





+1
2024/02/19
874
Signed MOU to buy property, but tenant refuses to leave. Can I cancel?


2
Q: Dear Sir/Madam,
I have signed an MOU to buy a property. The MOU says that the property will be vacant on transfer. The current owner had given a 12-month notice to the tenant but the tenant is refusing to vacate.
The owner has filed a case with RDC and the hearing date is also given. I worry that the tenant may not show up for the hearing and the hearing will be postponed beyond the MOU date.
What are my options? Can I terminate the MOU and penalize the owner, or do I have to proceed with the property transfer regardless of the tenant leaving?



2024/04/15
176
The seller did not proceed with the transaction. Can the buyer claim the 10% fine?




1
Q: Dear Sir/Madam,
Form F was signed between the seller and the buyer; however, the seller did not proceed with the transaction, resulting in its failure.
The contract stipulates that if the seller breaches the deal without reason, they are obliged to pay a fine of 10%.
Can I, as the buyer, take legal action?





+3
2024/05/28
441
Can a buyer complain to RERA if the seller doesn’t pay the advance rental as per the MOU?

1
Q: Dear Lawyers,
Can a buyer of a property in Dubai file a complaint with RERA if the seller is not paying the advance rental received from the tenant (on a pro-rata basis) as per the MOU in the event of the sale of the property?


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64
المدونة القانونية
1 متاح 1 • عرض الجميعContracts 101: Official Agreements to WhatsApp Messages 2
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.
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قوانين وتشريعات
1 متاح 1 • عرض الجميعFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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