Questions & Answers
Questions & Answers
6 available 6 • View allReal 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
3310
Due diligence and confidentiality
1
Q: Is it allowed in a due diligence process prior to an investment decision, for the investee company to release information about the potential investors?
If the company is based in a jurisdiction different from the jurisdiction where the investors are based, which court should be solicited to solve the matter? Is the only one in the Middle East the one based in Doha?

Oct 23, 2017
539
Assistance with understanding the MOU rights and obligations
1
Q: Could you kindly advise if it is correct to put in an MOU that I, as the seller will be penalized an amount equivalent to the deposit for not transferring on the expected date?
The MOU states that I would need to pay this to the buyer- also it states that the deposit cheque is refundable on the date of transfer- what does this mean?
Thanks

Aug 20, 2018
1694
The eligibility of a 19 year-old person to sign an MOU
5
Q: Hello,
I am 19 years old. I have tried to sell my apartment in Dubai. I and my mother have signed MOU. But no one had the right to sell the apartment.
Only my grandfather can sell it because he is a guardian. In Trakhees office, they didn't allow me to sell. Now the buyer wants 116.5k AED from me because I didn't finish in time. I can't pay. Is the MOU invalid because my grandfather didn't sign it?

Jul 12, 2020
1670
Right of the seller to claim the deposit from the buyer for breaching the MOU



5
Q: Hello,
I have signed an MOU where the buyer failed to complete the transaction as per the date of transfer plus the extension. Thus, the MOU expired. I have requested from the agency the 10% deposit cheque signed by the buyer.
They refused to give it to me and requested an extension without any penalties or price increase despite the market appreciation by 10%. What can I do to get the cheque legally from them?
I am already in a big issue because I already bought a bigger unit having in mind that my unit is sold. They are asking for an MOU extension but the prices went up and I request the fair price as per the market and they are refusing to pay the increase.
Appreciate it if somebody can provide me with feedback on these two points:
1- Can the agency hold the cheque and not give it to me? Aren't they violating the law here?
2- What can be done in this case and what would the next steps be?
Thanks in advance,
Regards,




Apr 4, 2021
2636
Getting the deposit cheque back upon bank refusal and MOU expiry
5
Q: Hi,
I had signed MOU to pay for a property, but my bank does not approve the loan. The MOU got expired. Now the owner asks the agent to give him my deposit cheque.
In the MOU, it is mentioned that the MOU is valid for 45 days and it is subject to bank approval. If there is any rejection from the bank, this MOU will be null and void.
In this condition, can I get my deposit cheque back?

Apr 7, 2022
1137
Laws & Regulations
1 available 1 • View allFederal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions 14
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
Jan 15, 1992
19126

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