Questions & Answers
Questions & Answers
3 available 3 • View allDefaulting on cheques for buying a rented property 
1
Q: Hi
I have a question.
My landlord, from who I’m renting, asked me if I was interested in buying his house in April this year. I got into a conversation with him and few months later we agreed on a price.
This price of the sale was including the remaining rent ( until November 2018 ), we agreed on not paying the rent until we signed the agreement as the rent was included.
I gave him a security deposit ( not to cash ) cheque. Now, my situation totally changed and I nodded the money also. I recently had a health issue that was preventing me from buying the house.
So the landlord called off the deal and said I defaulted on the deal.
Anyway, he now cashed both the rent cheques and the security deposit and said he went to the police and I will go to jail within the next 24 hours. Please advise.
I’m willing to pay the remaining rent but need time to get the funds ( at least a week ) and also I’m worried about the security deposit of the sale as he deposited this cheque as well, 3 bounced cheques!

Oct 4, 2018
726
Buyer's default of the SPA
3
Q: I signed a Sales Purchase Agreement with a buyer on a cash-buy basis and deposit 10% of the cost of the property. We agreed to meet at RERA in 30 days of to effect the transfer of the title deed. 60 days have passed and the buyer has informed me that he does not have the full amount for the transfer of the title deed.
What should I do with the 10% deposit?

May 31, 2016
3784
Real estate matter in the UAE
1
Q: We are from the UK and our broker found a buyer for a property. The MOU was agreed and had an expected transfer date and expiry date. The MOU stated that the buyer will prepare for NOC and the take transfer of the property during the period we are in Dubai.We arrived in Dubai during the agreed dates. The buyer did not prepare the NOC in advance but only after we arrived leaving insufficient time for the NOC to be completed. The buyer did give us a small cash advance on the sale which we still hold. On the day of the transfer, the buyer claimed they had an emergency and were not available to complete the process. We had to return to the UK.However, the buyer and broker are now expecting us to return to Dubai to complete the process. However, due to health restrictions we can not do this easily.Are we as sellers obliged to return and complete the transfer? Has the MOU effectively expired? Are we entitled to the buyer's deposit? Can the MOU be terminated?Thank You.

Nov 22, 2016
3277
Legal blog
1 available 1 • View allشكاوى الشيكات المتعلقة بالمعاملات العقارية بدولة الإمارات 3
تحظى المعاملات العقارية باهتمام كبير بالغ الأهمية في دولة الإمارات العربية المتحدة وبخاصة في إمارة دبي لما لها من شهرة واسعة النطاق في هذا المجال. لذا خصص سمو الشيخ محمد بن راشد آل مكتوم حاكم دبي المرسوم رقم 56 لسنة 2009 الخاص بتشكيل لجنة قضائية خاصة للفصل في الشيكات المتعلقة بالمعاملات العقارية لإمارة دبي.
Apr 12, 2020
682
Laws & Regulations
5 available 5 • View allDecree 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.
Nov 1, 2009
879
Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
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.
Aug 14, 2008
4819
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
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.
Apr 12, 2009
3112
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5119
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3527

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