أسئلة وأجوبة
أسئلة وأجوبة
5 متاح 5 • عرض الجميعإنهاء مذكرة تفاهم لشراء عقار والمطالبة باسترداد الأموال لمخالفة البائع
س: لقد وقّعت مذكرة تفاهم لشراء عقار مع بائع. لقد مر الآن ما يقرب من شهرين، دون أي تقدم.
لا يسمح المستأجر في عقار البائع ببعض الوقت لأغراض التقييم. والآن يقول البائع أنها ليست مشكلته وأنه غير مستعد لدفع 10٪ المتفق عليها وفقًا لمذكرة التفاهم.
هناك بند محدد في مذكرة التفاهم ينص على ما يلي:
"في حالة تخلف "البائع" عن إكمال نقل الملكية في التاريخ المتفق عليه بسبب تصرفاته أو إهماله، فإنه سيتم رد وديعة التأمين بالكامل إلى المشتري، ويوافق أيضًا "البائع" على دفع نفس قيمة وديعة التأمين للمشتري كتعويض عن خسارة الممتلكات المذكورة ما لم يتفقوا وديًا على شروط أو تواريخ مختلفة ".
2021/05/04
3550
هل يمكن للمشتري الحصول على مبلغ التأمين إذا تراجع عن مذكرة تفاهم شراء عقار؟
س: مرحبًا،
ماذا لو تراجع المشتري عن شراء عقار بعد توقيع مذكرة التفاهم الداخلية التي صاغها البائع؟
كان هناك بند ينص على أنه سيتم إرجاع مبلغ التأمين عند السداد الكامل. النموذج F من دائرة الأراضي والأملاك لم يتم التوقيع عليه بعد.
في هذه الحالة، هل لا يزال بإمكاننا الحصول على مبلغ التأمين البالغ 10% أم لا؟
2022/11/08
1719
What to do to recover money paid for real estate agency after revoking MOU?
Q: Dear Sir,
Please be informed that I contacted one of the real estate agents in Sep 2022 for a purchase of an apartment in Abu Dhabi.
MOU signed with seller/agents in Oct 2022. The subject apartment was under lease and a tenant was staying there. I contacted my bank for a mortgage and the bank requested access permission for valuation.
However, the agents informed me that the tenant is out of the country. And later once the tenant was back in the country, I requested agents for further permission.
After multiple tries, the tenant provided the bank with access for valuation. I had no direct contact with the owner/seller. I paid the bank valuation fee.
Once approval came from the bank, I informed the agent. I got a reply that the seller does not wish to proceed with the MOU.
Then requested agents to return the agency commission fee, which I paid at the time of signing the MOU. Ever since I am behind the agency to return my amount.
However, agents have not yet returned the amount to date.
Appreciate your necessary legal advice.
Thank you.
Regards
T.
2023/04/06
226
Seller signed Form F but wants to withdraw. How to avoid 10% penalty?
Q: Dear Sir/Madam,
I am a seller. I have signed Form F, but now I want to back out.
What options do I have to avoid paying the 10% penalty?
2024/03/20
582
Signed Form F with a buyer, can you still negotiate with others for a better deal?
Q: Dear Sir/Madam,
If you have signed Form F with a buyer, can you keep your property on the market and continue to talk to other buyers in case you get a better deal?
Is it against the law?
2024/04/30
271
المدونة القانونية
1 متاح 1 • عرض الجميعContracts 101: Official Agreements to WhatsApp Messages
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.
2021/03/03
1163
قوانين وتشريعات
1 متاح 1 • عرض الجميعFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates
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.
1985/12/15
148554
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعA firm took payment but didn’t ship cargo or refund. Can we file a case?
Hello,
The matter is whether we can file a case against an Ajman-based firm for non-shipment of cargo against the payment made to them.
They haven’t delivered the cargo nor returned the amount.
2025/04/17
61
Bought a used car with a tampered odometer. What legal steps can I take now?
Hello,
Two days ago, I bought a used car. But yesterday, I found out that there has been major tampering with the odometer.
I have all the necessary proof to provide. Where do I move forward from this?
2025/04/17
57
Can I petition for immediate eviction due to tenant violations and refusal to vacate after notice?
Dear Lawyers,
I have a question regarding an immediate eviction petition to the Urgent Judge. The tenant did not return the apartment on 26 January 2025, despite a 12-month legal notice that ended on 25 January 2025.
The tenant rejected all gas and fire prevention maintenance for 12 months. Al-Fanar Gas submitted a report with the tenant's signature and refusal after the tenant broke the gas detector.
The apartment was sold, and the new owner gave the tenant 90 days' notice. The tenant refused to show the new owner the apartment and ran away, according to building management.
The tenant ignored the 12-month legal notice, did not return the apartment, broke the gas detector, and refused gas and fire detection system maintenance.
The deal will be voided if the new owner cannot enter the property promptly. Can I petition the Urgent Matters Judge for quick eviction based on the tenant's violations?
2025/01/27
99
A contractor did waterproofing on my roof but water leaked and made damages. What can I do?
A contractor recently did waterproofing on my townhouse roof and confirmed a warranty of 5 years (on WhatsApp). The payment receipt and invoice are available.
In 4 months, water leaks from the roof damaged the false ceiling inside the house. When contacted, he avoids calls and delays by making some excuses.
Is there any way I can get my money back?
2024/12/26
67
How can I exit a partnership linked to an expired license and accumulating fines?
Good Day!
I am a partner in a trading license with two other individuals. Both of them were managing the business together as a cash-based operation without a bank account, while I was working elsewhere as an employee.
Now, one of the partners has passed away, and his parents are in conflict with the remaining partner, claiming he owes them money. However, the surviving partner insists that no money is owed and that everything is settled.
The license has now expired and cannot be renewed because the deceased partner’s family is not cooperating, leading to fines due to the inability to renew it.
Additionally, the remaining partner continues to conduct the same business, occasionally purchasing items under the company name.
As I am a low-salaried individual and cannot afford court fees, is there a way to remove myself from this situation, or are there any authorities who can assist me in this matter?
I am willing to help and provide whatever is required as evidence in this case.
Please advise!
2024/12/30
136
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعIs accrued annual leave paid if the employee is terminated during probation?
Hello,
I want to confirm: if an employee is terminated during the probation period, does the employer have to pay them their accrued annual leave, even if it's during the probation period?
Or is the employee only eligible for leave payment after the probation period?
Thanks!
2025/05/05
15
I sent the landlord a notice to renew the lease 90 days earlier as per the contract. Can I change my mind if he didn't respond?
I live in Dubai and I have a one-year rental contract with my landlord. According to the agreement, I must tell the landlord at least 90 days before the contract ends whether I want to renew it or leave.
I followed the rule and sent them an email before the 90-day deadline, saying that I want to renew. They replied and said okay, and they asked me to send the new contract so they could sign it.
I prepared the new contract (with the rent price fixed according to RERA rules) and sent it to them about two weeks ago. But since then, they haven’t replied or signed the contract.
I think maybe they are waiting to see if someone else will offer more money to rent the apartment, so they are delaying their response.
Now I am wondering: if they finally send back the signed contract after a long delay—let’s say in one more week—and by that time I’ve changed my mind (for example, I found a better apartment or I’m leaving the country), am I legally required to continue with this landlord?
2025/05/05
23
Can the debtor file a bounced cheque case against a car loan I took if it is a guarantee cheque?
Hello,
I'm from the Philippines, working here for 15 years. I have a big problem, and they have repeatedly given me a case of a cheque worth AED 73,000 for almost 9 years.
Recently, they filed a case again after knowing that my case was done last October. This cheque is a guarantee cheque only for my 5-year monthly car installments.
I paid for almost 2 years and have 3 years left to be paid, but I gave the person who guaranteed my car a cheque worth AED 73,000 at that time.
I don't have enough requirements to get the 5-year monthly installment car, so I asked someone to help me, but my biggest mistake is that I don't have any agreement for this cheque because I totally trust him as my family.
After delaying payment for 2 months because I went on vacation and came back, he asked me to visit their shop. When I went, they just called me and told me to get his things.
2025/05/05
15
Can I join another company during my probation period?
Can I join another company during my probation period?
And what difficulties will I face during that transfer process?
2025/05/05
11
Can I delay cheque enforcement if I’m abroad after the 7-day notice period?
Hello,
After the 7-day notice period in a cheque execution case, how long do I have to file for enforcement?
Is it acceptable to wait and file after one month as I’m out of the country?
2025/05/05
25
إجابة أخرى من
لا توجد إجابات
عرض الجميعDo I have to pay the value of training to the company in case of terminating the contract?
Salam,
My company has filed a complaint against me in MOHRE related to training fees.
This is the clause mentioned in my contract:
"The Second Party shall be obliged to pay back the value of the training (which is estimated at an amount of 10000 AED) when they terminate the employment contract based on their own free will (within One Year) from the date of commencement of their contract, without prejudice to the First Party's legal or contractual obligations. (the amount agreed on for the value of the training period must be commensurate with the employment period of the employee)"
My question is:
1. I served 11 months in the company. Can they demand the full 10,000 or it should be less due to 11 months (as per the last line of the clause)?
2. I didn't even get training from the company. I learned normally by working on projects with seniors. No training session was conducted for me. Should I still have to pay?
My case is in MOHRE.
Thanks
2024/11/13
311
Can I apply for Amnesty 2024 with a bounced cheque and credit card debt?
Hi,
Amnesty 2024 has just started, and I really want to apply for it, but I have a company bounced cheque and personal credit card debt.
Is there any solution to avail of the amnesty and legalize my status? If yes, what is the step-by-step procedure?
Thank you to those who can enlighten me on this question, and God bless us all!
2024/09/02
1002
How can I resolve a travel ban with an expired passport and a bounced check case?
Hello,
I have a civil case for a bounced check and a travel ban. My passport has expired and can only be renewed in my home country.
Due to the travel ban, it is not possible to exit and renew the passport. With an expired passport, I can't work.
What are the options in this situation? Can my wife take this case and start paying in installments so that I can go to renew his passport and come back?
Thank you!
2024/06/28
188
I have an unpaid credit card in the UAE and I will be traveling to Qatar. Will I be arrested?
I have an unpaid credit card of approximately AED 45000 in the UAE.
I will be traveling to Qatar due to work.
Will I be arrested in Qatar?
2024/06/21
167
I had a drug case against me and it has been closed. Can I get a new employment visa?
I have had a drug case against me recently and it has been closed. I have paid my fine and I am cleared from the travel ban.
I am still working with the same employer but I am thinking about changing jobs.
Will I be able to get a new employment visa and be hired in a new firm despite the record?
2024/03/28
567
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