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?

Q: Hello, I have signed an MOU without any deposit and the MOU expired today. The broker and buyer did not turn up to close the deal and the MOU expired today. I spoke to another broker but he said that while raising Form A, it's showing Contract F exists. Earlier it was showing to him Active Contract F exists but now after the expiry of the MOU, it is showing that Contract F exists. How can this expired MOU be still effective?

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؟

Q: Hello, Legal Advice ME I am writing to seek your advice on my ongoing process of buying an apartment. I have signed contract F, which is valid until 15 Aug 2024. My plan was to buy it financed by a mortgage. I got my pre-approval and signed the contract, then passed it to the agency to complete all needed paperwork. The agency took over with the bank, and then I found out that the apartment, although not a hotel, is listed as a hotel apartment on the title deed. The bank said processing this would take a very long time. I applied with a different bank, again all pre-approved, but as soon as they found out about the property type stated on the title deed, they said they cannot finance it. My questions are: - If the first bank is unable to process all the paperwork on time, will the contract be automatically canceled? - Can I cancel the contract based on the fact that I was not made aware of the property type stated on the title deed before signing the contract? Would I get the 10% deposit back?

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?

Q: Hi, I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building. The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024. One of the articles in the MoU states: In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates. I need help urgently.

Q: Dear Lawyers, The validity of an MOU ends with the property purchase. Will the conditions specified in the MOU remain valid after the deal is closed?

The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.

This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.