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
هل يمكن للمشتري الحصول على مبلغ التأمين إذا تراجع عن مذكرة تفاهم شراء عقار؟

3
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
1662
The seller is reluctant to sell. Can I ask for 10% of the agreed amount?


3
Q: Dear Sir/Madam,
I am a buyer. I signed the property sales contract manually. Then the agent sent the document to the seller, who signed it and sent a snapshot of all the pages.
There is no digital contract signed form F. The seller had a bank loan, which he cleared, and was waiting for a relieving letter.
The contract's last day has passed. Now he is reluctant to sell. Can I ask for 10% of the amount, as he is not able to provide the documents required for the sales deal?



2024/02/14
138
Signed Form F with a buyer, can you still negotiate with others for a better deal?

1
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
240
Can I cancel my house sale contract without extra fees after personal plans changed?




2
Q: Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?





+2
2024/07/12
573
Is canceling an apartment purchase via message valid, or must it be through RERA?

1
Q: Dear Lawyers,
I signed a Form F, and after 9 days, I decided not to buy the apartment.
Is communication by message valid, or does it need to be done through RERA to be considered valid?


2024/07/29
79
Seller backed out after manually signing due to DLD website outage. What to do?




1
Q: Dear Lawyers,
I am a Dubai resident. I found a property in Dubai to buy through a real estate agent, and the seller agreed on the price I offered.
At the time of signing the Sale Contract (Form F) on the DLD website, the system was down, so we signed it manually and gave the deposit check to the agent.
The contract stated that the RERA system was down and that when it is back in operation, we should refile Form F digitally within 24 hours. The next day, the agent prepared it, and I signed it, but the seller refused to.
He proceeded with the sale of the property to a different buyer and refused to pay the penalty stated in the contract. My questions are:
1. Is this legal?
2. Can he sell it to someone else even though he signed a contract with me?
3. RERA couldn't block the sale because the contract was done manually and not registered in their system. Do I have legal rights to demand the penalty be paid or for the sale to go through?
I have a copy of the sale contract with his signature.





+7
2024/10/02
169
Can a property agency refuse to refund my deposit after I canceled within the 14-day policy?




1
Q: Hi,
I went to see an apartment, and the property agency asked for a 1,000 AED security deposit to block the apartment. They told me I would receive a receipt for the payment.
Before giving the money, I asked for a sample contract to review the cancellation terms, and it stated: "Applicable Cancellation Policy: If canceled or modified up to 14 days before the date of arrival, no fee will be charged."
After one day, due to a change in plans, I requested a cancellation and demanded my 1,000 AED back, as the cancellation was well within the 14-day period.
The agency refused and is not refunding my money.
Please advise!





+2
2024/12/18
75
قوانين وتشريعات
1 متاح 1 • عرض الجميعFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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
148404

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