Questions & Answers
Questions & Answers
11 available 11 • View allPersonal guarantee and liability for debts

1
Q: 1. Can a non-resident person give a personal guarantee for bank debt in the UAE?
2. Is a son liable for a debt of his father?


Jan 11, 2017
3145
Joint mortgage
0
Q: My wife and I are purchasing a property in Dubai which we will own jointly as per our wish.
Our bank -- which provides the 75% financing -- requests that the loan should be in the name of myself and my wife jointly. Is it a regulatory requirement or could I go with a loan in my name only? (as monthly revenues comes from me and I would like to protect my wife)
Also, the bank wants us to have a joint bank account. Is it a regulatory requirement or can we continue to use our existing separate bank accounts, one for me, one for her (both with the same bank)?
Thanks.

Mar 4, 2017
2591
هل يحق للأجنبي التملّك في إمارة دبي؟
0
س: هل يحق للأجنبي التملك في إمارة دبي في الإمارات العربية المتحدة؟
هل هناك ضرائب سنوية؟
ما هي الإجراءات اللازمة لذلك وما هي المدة المطلوبة؟

Nov 2, 2017
454
What you need to know while purchasing a new apartment

4
Q: Hi, I am planning to buy a ready apartment in a 2-year-old building.
How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared?
How can I check that the seller does not have court cases against him in relation to property?
How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index?
Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service?
Regards,
Gufran


Jun 5, 2018
1194
Protecting rights while buying a property in Dubai
1
Q: I am a US citizen and would like to buy a property in Dubai, where do I start?

Nov 16, 2018
862
Seeking solution for improving credit rating and get a loan
0
Q: Hi
I am looking for a personal loan. My outstanding is AED 67000.
I tried the banks but they rejected my application telling me my credit score is very low for the last 6 months. I am paying regularly but the score is the same now. I want to make one EMI. Please tell me what to do.
Credit card 1: AED 46,000 (a monthly payment of AED 1400). Credit card 2: AED 19,000 (a monthly payment of AED 2,300). Credit card 3: AED 12,000 (a monthly payment of AED 900). Total owed: AED 67,000.

May 27, 2019
276
The legal procedure of applying for a joint bank loan

0
Q: Hi,
I am planning to buy a property in Dubai.
I would like to add my wife and brother as co-owners for the property. My wife and brother are employed and I am self-employed for the past four years.
I would like to know what are my options for applying for a Home Mortgage in this scenario.
Can we apply together for a mortgage from the bank or would it be ideal for two salaried people which is my wife and brother to apply for a mortgage?


Nov 2, 2019
502
Husband and wife liability for the mortgage payment default of a joint property

0
Q: My husband and I are in the process of purchasing a property in Dubai. The mortgage will be fully paid by my husband. However, we would like the house to be equally owned by both of us.
For that, as a co-owner, I will need to either provide my personal guarantee (tripartite agreement) to the bank or be a co-applicant in the mortgage.
In such situations, if my husband is incapable to pay the instalments in the future, will I be held liable to pay the mortgage?


Oct 5, 2019
638
How to buy a property on mortgage when the owner is out of country
0
Q: Hi.
I am going to buy a property in Dubai and entered an MOU. The owner is from Sudan living in Saudi.
He is saying he will give a POA and I need to give the sale proceed cheque to the POA.
However, the mortgage bank is not accepting to issue a cheque to POA and mentioning they will give cheque only to the owner's name.
Please advise

Apr 18, 2021
497
Can you buy a property on mortgage and get residency in the UAE?

0
Q: To get residency in the UAE, can I buy a property that is financed worth AED 1 million or it must be fully paid in cash?


Oct 7, 2021
456
How to transfer salary to another bank after I signed an MoU to buy a property on mortgage?
1
Q: Hi,
I have recently signed an MoU to buy a property and a bank has offered me a good loan package so I want to sign with them.
Therefore, I have asked my employer to produce a Salary Transfer Letter (STL) to be able to sign my loan with this bank.
Just to clarify, I have no loan with any bank, I just have a credit card with my current bank (never had any issue on it). To produce the STL my employer needs a non-objection letter (NOL) from my bank or a No Liability Letter (NLL).
My current bank said the first option is impossible as "they do not have a template for that" and they can only produce a non-liability letter (NLL), however, this is not possible as it takes 45 days after card's cancellation to get the NLL.
My question is: Does my employer really need a NOL or NLL to be able to transfer my salary to another bank? (He never signed anything with my bank).
Employer says there is a tacit agreement between employer and bank when the salary gets transfered to the bank, is that true?

Jul 20, 2022
357
Legal blog
1 available 1 • View allMortgage of Movable Assets in the UAE: A Wanted Change 2
The UAE has taken a bold step toward legislating the mortgage of movable assets after it was completely regulated by the Civil Code. The Federal Law No. 20 of 2016 Concerning the Mortgage of Moveable Assets, which came into effect 90 days after it was published in the Official Gazette on December 15, 2016, was a welcomed change by lenders after it gave them the ability to secure their debts with movable assets.
Oct 20, 2018
2031
Laws & Regulations
2 available 2 • View allLaw No. (14) of 2008 Concerning Mortgages in the Emirate of Dubai 0
The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.
Aug 14, 2008
1856
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.
Sep 7, 1993
33003

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1231
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
497
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
559
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
510
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1553
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