Can the seller change the terms after we signed an MOU for the purchase of an apartment?

Hello,

If the landlord adds a new requirement (in this case, allowing the tenants to stay in the apartment until September) that was not initially listed in the MOU, you are within your rights to back out of the MOU without facing legal consequences.

If the tenants currently have a lease agreement that runs until March, you must respect the terms of that lease.

This is important because the tenants have legal rights under the current lease agreement.

Unless you purchase the property with an agreement that allows you to terminate the lease early (which would be very unusual), you generally cannot ask the tenants to leave before the lease ends.

If the lease expires in March, you cannot legally ask them to vacate the property until after that date, unless the lease has a clause allowing early termination or the tenants agree to leave voluntarily.

For further assistance, kindly share your Whatsapp number.

Dear Questioner,

Thank you for your inquiry.

Based on the situation you've described, here are the answers to your questions:

1. Can you back out of the MOU due to the unforeseen condition?

As the MOU has not been signed by the owner yet, you are not legally bound by the terms.

This means that you can withdraw from the agreement without legal consequences at this stage, especially since the additional condition regarding the tenants staying until September was not part of the original agreement.

Key Point: The MOU is a preliminary agreement, and unless both parties sign it, the terms are not final or enforceable.

If the owner is adding new terms (e.g., allowing tenants to stay until September), this may give you the right to withdraw or negotiate the terms before proceeding with the purchase.

2. If the owner signs the MOU, can you send a letter to evacuate the tenants as an intended landlord?

Once the MOU is signed and you are legally the owner (or have the rights to become the owner), you will not automatically become the landlord until the property is officially transferred to you.

Until the transfer is complete, the current landlord (seller) retains the rights over the property and tenants.

Therefore, even if you have signed the MOU, you cannot send a letter to evacuate the tenants as the intended landlord until you have completed the property transfer and legally become the new owner.

Any actions regarding the tenants should be handled by the current landlord unless explicitly stated otherwise in the MOU or a separate agreement.

Recommendation:

If the new condition regarding the tenants staying until September is a concern, I recommend discussing this with the seller and possibly negotiating a revised MOU to reflect the new circumstances or backing out of the agreement entirely.

If the MOU is signed.

Please feel free to contact me if you need assistance in negotiating the MOU or proceeding with the next steps.

Best regards,

Mohammed Salah

Legal Consultant

You cannot send a notice to the tenant to vacate, and your signing of the memorandum of understanding means your agreement to the terms.

If you have any other questions, contact us on the phone.

Hello,

If the landlord has not signed the MOU yet and introduced a new requirement that was not part of the initial agreement, you have the right to withdraw from the transaction without any legal consequences.

An MOU is not legally binding unless signed by both parties and agreed upon in its entirety.

The addition of a new term, such as allowing the tenants to stay until September despite their lease expiring in March, can be considered a counteroffer.

This gives you the option to refuse and step back from the transaction before finalizing any commitments.

Regarding your second question, once you become the landlord, your rights to evict tenants will depend on the provisions of Dubai's tenancy laws, particularly Law No. 26 of 2007, as amended by Law No. 33 of 2008.

These laws protect tenants' rights and stipulate that the new owner of a property must honor the existing lease agreement until its expiration unless a valid reason for eviction exists.

If you intend to use the property for personal use or sale, for instance, you are required to provide the tenant with a 12-month notice issued through a notary public or registered mail.

However, requesting eviction simply based on a change of ownership without adhering to these legal procedures may not be enforceable.

It is essential to carefully review the lease agreement and the terms outlined in the MOU before proceeding with the purchase.

If you require any assistance with reviewing documents, providing legal notices to tenants, or navigating the eviction process in compliance with UAE law, I would be happy to help.

You can reach me by email or phone for further support.

Under UAE law:

1. Withdrawing from the MOU: If the landlord has not yet signed the MOU, it is not legally binding, and you can withdraw from it without any legal consequences.

2. Evicting tenants: As the new owner, you must honor the current tenancy contract. You can issue an eviction notice after the contract ends (March), provided you comply with the legal notice period under UAE tenancy laws.

For more specialized legal assistance, feel free to contact us via WhatsApp. We are experts in such matters and ready to support you with all the necessary details and procedures.

First, you need to ask the landlord whether they sent a legal notice for eviction regarding the sale.

This usually takes one year so you as a new buyer can shift to the unit and evict the current tenant.

How can we help you to at least understand your current legal position and what solutions you have?

You need to share with us the MOU and answer our initial question regarding the legal notice.

What you need to do now:

Reach out to us through WhatsApp and we guide you step by step.

Our main goal is to meet your expectations and have your satisfaction.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

You can potentially back out of the unsigned MOU due to the new requirement. The addition of an unforeseen condition could justify renegotiation or withdrawal.

However, if the MOU is signed, you must honor the existing lease until September. As a new owner, you cannot immediately evict tenants.

To occupy the property yourself after September, you'd need to serve a 12-month eviction notice through proper channels.

Recent court cases suggest eviction notices may be transferable between seller and buyer. Given Dubai's strong tenant protections, any eviction must follow strict legal procedures.

It's advisable to seek legal counsel or contact the Rental Dispute Settlement Centre for guidance on your specific situation.

Thanks & Regards,

ABDUL WAHIED

If you become the landlord after signing and wish to evict tenants who are still under lease until March, you will need to follow legal procedures for eviction based on local laws.

Dear Inquirer

We are pleased to serve you and address your inquiries.

All parties must adhere to all the terms of the agreement after it has been signed.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm Legal Counsel and Consultations

You can revoke the MOU if the landlord has not yet signed it due to the new condition.

If the landlord has signed the MOU, you cannot issue an eviction notice to the tenants until the property is legally registered in your name.

Once you are the official landlord, you can issue a legal eviction notice with the required notice period.

If you need assistance in drafting notices or reviewing the MOU,

For assistance, please contact us via phone or WhatsApp.