أسئلة وأجوبة
أسئلة وأجوبة
4 متاح 4 • عرض الجميعحق البائع في مطالبة المشترى بوديعة التأمين لخرقه مذكرة التفاهم



5
س: مرحبًا،
لقد وقّعت على مذكرة تفاهم حيث تخلف المشتري عن إتمام المعاملة في تاريخ التحويل المحدد وكذلك بعد التمديد. وهكذا، انتهت صلاحية مذكرة التفاهم. لقد طلبت من الوكالة شيك وديعة الضمان بقيمة 10٪ الذي وقعه المشتري.
لكنهم رفضوا إعطائه لي وطلبوا التمديد دون فرض أي غرامات أو زيادة في الأسعار على الرغم من ارتفاع سعر السوق بنسبة 10٪. ما الذي يمكنني فعله للحصول على الشيك بشكل قانوني منهم؟
أنا بالفعل في مشكلة كبيرة لأنني اشتريت بالفعل وحدة أكبر مع الأخذ في الاعتبار أن وحدتي قد تم بيعها. إنهم يطلبون تمديد مذكرة التفاهم لكن الأسعار ارتفعت وأطلب السعر العادل حسب السوق وهم يرفضون دفع الزيادة.
أقدر ذلك إذا كان بإمكان أي شخص أن يزودني بالمعلومات حول هاتين النقطتين:
1- هل يحق للوكالة حجز الشيك وعدم تقديمه لي؟ ألا ينتهكون القانون في هذه الحالة؟
2- ما الذي يمكن عمله في هذه الحالة وما هي الخطوات التالية الواجب اتخاذها؟
شكرًا مقدمًا.
تحياتي.
2021/04/04
2637
Can the seller force the broker to pay security deposit if the buyer breaches the MOU?
2
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?
2023/04/12
791
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
1712
I entered into a MOU to sell my apartment and the buyer changed his mind. How to claim deposit?
0
Q: I entered into an MOU to sell my apartment but unfortunately, my agent didn’t collect the security cheque from the buyer’s agent at the time of signing the MOU.
Two days later, the buyer changed his mind and wanted to cancel the deal.
Now in this situation:
How can I claim the security deposit amount from the buyer?
Will it involve any legal process?
If yes, then how long does it take and how much does this cost?
Should I just cancel the deal with the buyer and move on with selling my apartment to another buyer?
2025/03/06
79
المدونة القانونية
2 متاح 2 • عرض الجميعالتوكيل وخدمات كاتب العدل الأخرى المُقدمة عبر الإنترنت في دولة الإمارات 28
مع بدء تطبيق الإجراءات الجديدة ذات الصلة بإصدار التوكيل عن بُعد في دولة الإمارات، بعد أن كان من الضروري مثول الموكل بشخصه أمام كاتب العدل لإثبات هويته ورغبته في إصدار التوكيل، نقدم لكم هذا المقال المُوجز لبيان الخطوات التي يجب عليك اتباعها لإصدار التوكيل.
2021/06/08
19252
Protecting Your Real Estate Brokerage Firm 3
Did you know that 225 establishments were fined approximately AED 77 million for flouting AML regulations? About, 50 entities’ operations and licenses were put on suspension in 2023-Q3 for failing to register in the goAML system. That’s alarming! Out of the said numbers, many were real estate brokerage firms.
2024/05/09
195
قوانين وتشريعات
4 متاح 4 • عرض الجميعBylaw No. (85) of 2006 Regulating the Real Estate Brokers Register in the Emirate of Dubai 4
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.
2006/05/30
4943
Federal 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
148547
Decree No. (56) of 2009 Establishing a Special Tribunal for the Settlement of Cheque Disputes Relating to Real Estate Transactions 0
This Decree establishes a special tribunal with exclusive jurisdiction to settle complaints related to dishonoured cheques which are issued by a purchaser and made payable to a real estate developer, or those cheques issued by those with usufruct rights or with long-term leasehold rights.
2009/11/01
902
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
1993/09/07
33071

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعDo I need to inform my current employer 2 months in advance if I plan to leave? 0
Hello,
I am planning to change to another company and I am waiting for the offer. The visa from the current company is going to end in 2 months.
Should I inform them about my leaving? I haven’t received any offer yet, so I didn’t inform them, and they’re asking about the renewal every day.
Is it mandatory to inform them 2 months in advance?
2025/04/24
40
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
2025/05/01
50
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount? 0
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
2025/04/29
42
Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
67
Can I stay home if my boss doesn’t pay my salary on time? 0
Hello,
Can I stay home if my boss doesn’t pay my salary on time?
2025/04/10
93

متميز
إجابة أخرى من
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عرض الجميعكيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
2025/05/01
17
Can the employer force the housmaid to work for unlimited hours without rest? 0
Hi
I'm a nanny, and at the same time, I work as a housemaid (khadama) here in the house. I work, but as I know, the nannies and housemaids have different rights, and my employer doesn't give me rest.
My work starts at 7:30 am and then finishes at 10 pm or less. It depends on whether the baby is asleep or what time they will take on me if not yet asleep. Is this right?
Also, at the time of eating, I'm still working because the baby is with me, so I just let her sit in her chair. That's how I eat.
Please answer me. I want to know my rights.
Because if I can leave during the 6-month probation, I want to take it if the employer is this kind. I don't know.
They are also expats, but they don't follow the rules of the UAE regarding a housemaid.
2025/05/01
27
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
2025/04/30
19
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
2025/05/01
50
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
2025/04/30
25

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan a DTC holiday home permit be used as proof that my landlord re-rented the property after evicting me? 1
Hello,
My landlord vacated the property with 12 months' notice, stating he would live there himself.
However, he started renting the property through the holiday homes system.
Is a permit issued by the DTC for a holiday home valid proof to prove that he is renting and to claim compensation?
2025/03/18
71
I have video recording of my husband beating me. Can I show this in the child custody hearing? 0
I have a video recording of my husband beating me in our garden.
Can I show this in the child custody hearing?
It was filmed with my phone camera
2025/03/19
75
We won the case with the RDC to evict the tenant. What happens after waiting the cooling period? 0
We won the case with the RDC that the tenant has to evict the property. We are told there is a cooling period before they say the date he has to leave.
How long is the cooling period he can appeal and then what happens next if he appeals and if he doesn't?
He was served the one-year notice and then refused to leave, hence the case we raised with RDC and won.
Thank you
2025/03/19
61
Can a free zone visa holder work remotely across the UAE while visiting the company weekly? 1
Hello,
Is it legally permissible for an employee holding a Fujairah free zone visa with a job role in sales and marketing to primarily work remotely from various locations, including Dubai, while visiting the Fujairah-based company once a week?
The employee would meet clients and conduct business activities on the UAE mainland.
Does this arrangement comply with UAE labor laws?
2025/03/19
74
What are the working hour regulations for nursing mothers in the UAE during Ramadan? 1
Hello lawyers,
Could you please clarify the regulations regarding working hours for nursing/breastfeeding mothers in the UAE during Ramadan?
How many hours are they entitled to?
2025/03/20
116

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan I keep my daughter's physical Emirates ID if the custodian already has the digital copy? 0
Hello,
Can I keep my daughter's physical Emirates ID with me? I already provided the digital copy to the custodian, my ex-wife.
Or should I hand it over to her?
2025/04/24
36
Is it possible to change jobs and process visa while facing a police case and a travel ban? 0
Hello,
My husband has a police case now and a travel ban, and is still waiting for trial with the prosecutor.
Is it possible for him to transfer to a new employer within the country?
Will he be able to process his visa?
2025/04/24
88
What legal action can a company take to recover an amount from a non-paying customer? 0
Hello,
We are a building materials trading company based in the UAE. We supplied materials worth AED 50,000 to a customer around 8 months ago, but despite repeated follow-ups and reminders, no payment has been made to date.
We would appreciate guidance on the following:
1. What legal action can we take to recover the amount?
2. What documents should we have ready (e.g., delivery notes, invoice, emails)?
3. How long does the legal process typically take in the UAE for such cases?
4. Is there a recommended timeline or deadline after which legal steps should be initiated?
Thank you in advance for your advice!
2025/04/25
55
How to stop my employer from cancelling my visa as it needs to be active in the process of golden visa? 0
I am in the process of applying for a golden visa, and the nomination letter from Creators HQ will take up to 4 weeks.
In the meantime, my previous employer has started my labour card cancellation.
Amer has told me that my visa and labour card need to be active before my golden visa is issued.
How can I stop my former employer from cancelling my labour card and visa?
2025/04/25
34
Can the landlord send me an eviction notice for non-payment despite submitting an offer and deposit at RDC? 0
I’ve lived in my building for over 4 years, with the most recent rent being AED 50,000. Each year, the management collects cheques and extra AED 2,400–2,500 cash (no receipt) for management and Ejari fees.
My contract was due for renewal on 15 Feb 2025, but management delayed, demanding a 10% rent increase even though no formal 90-day notice and the RERA index did not allow it.
After a month of excuses, the manager called on 12 March, insisted increase to 55K, and threatened eviction if I refused. When I referenced RDC, he hung up. The next day, he again made unprofessional remarks, so I decided to go with RDC.
I submitted my offer and deposit on 13th March, but the management didn’t respond. The case went to the judge on 14 April he ruled in my favor.
On 30 April, I applied for the execution of the ruling, and RDC says I can renew Ejari only on 8th May at DLD with cheques given to them.
However, on 1st May 2025, I received a notarized eviction notice for non-payment of rent and communication.
My question is, what will happen at DLD now?
2025/05/02
16

متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعWhat legal action can a company take to recover an amount from a non-paying customer? 0
Hello,
We are a building materials trading company based in the UAE. We supplied materials worth AED 50,000 to a customer around 8 months ago, but despite repeated follow-ups and reminders, no payment has been made to date.
We would appreciate guidance on the following:
1. What legal action can we take to recover the amount?
2. What documents should we have ready (e.g., delivery notes, invoice, emails)?
3. How long does the legal process typically take in the UAE for such cases?
4. Is there a recommended timeline or deadline after which legal steps should be initiated?
Thank you in advance for your advice!
2025/04/25
55
How does the court calculate the division percentage of a joint property in a divorce case? 0
I am going to file for a no-fault divorce soon. We got married in Dubai, and we own a studio apartment jointly.
I have paid AED 150,019 and have bank statements to prove. As per the Land Department, my ownership is 49.91%.
Will I get this share as per the current value, or will the court determine who paid what amounts?
Thanks
2025/04/22
46
After closing the company, can an investor stay in the UAE until the residence visa expires? 0
Hello,
An investor has a residence visa valid until February 2027; however, he wishes to close the company before the current license expires in December 2025.
Can the investor still legally reside in the UAE until the residence visa expires?
2025/05/02
29
My tenant was supposed to vacate as per the contract. Can I rent the property to another tenant? 0
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
44
My company has filed a case against a client for failure to pay and bounced cheque. How to follow up? 0
Hello.
My company has filed a case against a client for failure to pay and a bounced cheque. The client's company is registered as a virtual office in the Creative City Free Zone in Fujairah, so our case is filed there.
The client basically purchased some equipment from us, and his payment via bank transfer did not go through and was rejected. Then, when we deposited his security cheque after multiple attempts to contact and no answer, the cheque bounced.
The company is under his wife's name, and we have filed a case on the same.
The court has accepted our application, however, they have instructed the execution bureau to get the Emirates ID of this authorised signatory. The bureau is asking us to get it, and we have no way to do so, unfortunately.
Without the Emirates ID, the court cannot freeze the bank accounts or put a travel ban, etc.
What are our options here?
2025/04/14
49
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ