أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • 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
916
هل بائع العقار مسؤول عن دفع غرامة لعدم الوفاء بالتزامات مذكرة التفاهم؟

4
س: مرحبًا،
لقد وقّعنا مذكرة تفاهم في إمارة دبي لشراء عقار. العقار باسم ثلاثة أشخاص (الأم وابنيها، كلاهما قاصر).
وقّعت الأم مذكرة التفاهم ثلاث مرات (بصفتها مالكة مشتركة، ثم بصفتها وصيًا قانونيًا على طفليها).
بعد ذلك قدمًا طلبًا في المحكمة للحصول على أذن القاضي للمضي قدمًا في إجراءات البيع لأطفالها. هل كان ينبغي القيام بذلك قبل توقيع مذكرة التفاهم؟
ولكن القاضي رفض القضية بسبب عدم وجود بند أو شرط محدد في مذكرة التفاهم للحصول على موافقته.
هل يتحمل البائع، أو الأم على الأقل، مسؤولية دفع الغرامة بسبب عدم القدرة على إتمام نقل الملكية بسبب أفعالها المنصوص عليها في مذكرة التفاهم (10٪)؟
شكرًا جزيلاً.


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829
Can I claim compensation from the property seller if he fails to provide documents before it expires?

0
Q: I signed an MOU for buying a property that is already evaluated and the mortgage paperwork was started by the bank.
The seller found excuses for health issues to fulfill the signing required liability letter and buyout documents. The MOU will expire on 23/03/2024.
I will request the seller to extend the MOU due to being non-collaborative in providing the documents.
"Should this agreement be determined for a non-performance or negligence of any terms of this agreement by the seller, or for any reason attributable to the seller, the seller understands and agrees that the buyer has the right to obtain the security deposit amount.
The buyer shall not be entitled to take any further recourse against the seller for any compensation of damages/losses that exceed this amount. The seller shall deliver copies of the SPA, floor plan, statement of service charges, and Title Deed. "
If the seller refuses to extend the MOU, do I have any right to claim any compensation due to increased pricing on the market?
T.


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