Q: Hi, I have signed an MOU in the month of April 2021. After signing, I went to India to attend my brother's marriage. I was planning to come back after the marriage but by that time, the UAE government put a ban on travel from India to UAE. The ban just got lifted and I returned in Mid August 2021. Unfortunately, by the time I returned, MOU got expired. Since I was planning to purchase the property on mortgage, I needed to be here in the UAE to complete the transfer. I still have all the intentions to purchase the property but the seller has increased the price which doesn't fit my budget. Now my question is, since the reason for not completing the transaction was genuine, do I have any legal stand in this case?

Q: I am going to buy a property through an agent in a registered company. Just before signing an MOU and giving a 10% cheque, we came to know that the owner is not here and the stated name in the MOU is the holder of POA (power of attorney). What should I do in this situation? With whom to sign the MOU and under whose name is the cheque to be given? They put the name of the POA holder but the title deed has the name of the owner. Should we ask for POA and get it verified? How to verify it?

Q: Dear Sir/Madam, I am a developer in Dubai. The buyer of an off-plan property defaulted on payment, paying only 55% of the amount due, while the project is currently 70% completed. As per the default clause under the SPA, I can deduct 40%, retain the property, and cancel the SPA. Is it worth approaching and possible to obtain a court verdict to get the full 70% of the purchase value, considering I have completed 70% of the work?

Q: Dear Sir/Madam, I had a buyer for my office floor and issued a Letter of Intent (LOI) with a 10% deposit cheque, requesting the F form to be expeditiously exchanged two weeks ago. There has been no response now. Where do I legally stand in this matter?

Q: Assalamo Alaikum, If a person buys a home on installments after paying a 20% down payment but encounters financial difficulties after paying for a few months or less, what could be done in that case? Will he go to jail? What if the person offers to take the property back? Thank you!

Q: Dear Sir/Madam, I signed an MOU on March 22, expecting building completion in April. The MOU had an expiry date of April 22; however, due to rain on April 15, the completion was delayed until May 30, 2024. I received the BCC on June 17 from the developer and paid for the pre-title deed on the seller's behalf to expedite the process. Now, I have completed the pre-approval and valuation, but the bank is asking for the handover notice to release the final cheque, which the seller is refusing to share. The seller claims the MOU has expired, but it includes a force majeure clause. So, is this MOU still binding or not?

Q: Hello, I'm about to buy a property in Dubai on the secondary market and have some questions. The agent sent me a link to the Real Estate Brokerage Contract with the following note: A 10% deposit cheque will be given to our agency under the seller's name for the XX apartment. It is non-transferable without consent from both parties and will be returned only by judicial order in case of a dispute. Is it legal to hand over a physical deposit cheque to the agent under the owner’s name before signing Form F, with the mentioned note? If I give this cheque before signing Form F, will I get it back if I change my mind? My rights are not protected here if the owner changes his mind before signing Form F. I tried to verify the title deed ownership on the DLD site, but it shows "Records not found." The agent said this happens sometimes because the owner didn't update their details two years ago when they bought the property, and everything will be validated at the trustee office. Is this correct, or should I insist on updating the details to see validation on the DLD site?

Q: I entered into an MOU to sell my apartment but unfortunately, my agent didn’t collect the security cheque from the buyer’s agent at the time of signing the MOU. Two days later, the buyer changed his mind and wanted to cancel the deal. Now in this situation: How can I claim the security deposit amount from the buyer? Will it involve any legal process? If yes, then how long does it take and how much does this cost? Should I just cancel the deal with the buyer and move on with selling my apartment to another buyer?

With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.

Did you know that 225 establishments were fined approximately AED 77 million for flouting AML regulations? About, 50 entities’ operations and licenses were put on suspension in 2023-Q3 for failing to register in the goAML system. That’s alarming! Out of the said numbers, many were real estate brokerage firms.

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.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.