هل الاتفاق على بيع شقة تحت الإنشاء يعتبر عقد مقاولة؟

Dear Questioner,

It actually depends as this could be a "compounded contract", meaning that it is a contract that has more than one consideration and a mixed nature, such contracts are ruled by different law articles according to different factors.

But pursuant to your question, it appears that this is a regular sales contract, as it is allowed to sell an apartment "on the map" as it is called, and in that case, articles of Bai contract بيع are applicable.

We would need to study the contract to provide further information.

Please contact us via Whatsapp or phone if more assistance is required.

Good Luck!

First of all, as a purchaser of an off-plan project, the conditions of Muqawala or forward contracts will not come into the picture.

The UAE Civil code is of civil law nature and it binds the parties by the terms by which they sign it. The Muqawala contract is generally restricted to construction purposes in between the main contractor and the supplier of materials/sub-contractor.

Moreover, Forward sale can come into off-plan properties. However, the provision is not appropriate for judging the rights and responsibilities of the developer at the time of selling any property to the purchaser.

It has pertinently been observed in earlier Judgements from Dubai Court of Cassation that the off-plan project or any kind of real estate agreements or general agreements should contain the essential conditions that is necessary to bind the contract.

The time is always the essence of the contract and it should be maintained by the developer while handing over the project to the buyer.

The timeline should be specified in the contract. The contracts are guided by specific performance clauses as per articles 338 & 339 of the UAE Civil code, whereby a breach of any terms as per the contract attracts penalty and the party who breaches the contract has to pay compensation to the other party.

Normally, they are general contracts and guided by normal terms and conditions. The contract is a normal sale and purchase terms.

And if there is any delay, the court generally compensates the buyer or terminate the contract, which depends on a case by case basis.

It is the legal work and legal concepts which is unknown to the general public unless he has dealt with such types of contracts earlier.

Please contact us for your further clarifications or e-mail.

Disclaimer- The above-referred view is not a legal opinion, these opinions cannot be challenged or presented before any court of Law.