Questions & Answers
Is the property seller liable to pay penalty for not fulfilling the obligations of MoU?
Hello,
We have signed an MOU in Dubai to purchase a property. The property is under 3 names (Mother, and her two sons, both minors).
The MOU has been signed by the mother 3 times (as co-owner, and then as a legal guardian of her two kids).
She then went to court to ask the judge for authorization to proceed with the sale for her kids. Should this have been done prior to signing the MOU?
The case has been rejected by the judge since there was no specific clause/condition in the MOU for obtaining approval from the judge.
Is the seller, at least the mother, liable for the penalty of not being able to complete the transfer due to her own actions as stipulated in the MOU (10%)?
Thanks a lot.
Hello,
As per your query, please note that as there was an MOU, also there should be some legal guardian for the minor.
That’s why the court rejected the sale. Yes, as per the brokerage contract, if this is the clause then the seller should return.
Otherwise, you can file a suit against the seller to return back the money, when the sale was not fulfilled.
Please call or email us.
Hello,
As per your query, please note that as you have purchased a property with the MOU and the case has been rejected by the court.
We have to check the court order, the MOU for the sale and the MOU between the mother and the kids.
Please share all those documents for a legal opinion. Kindly note that apparently, if such a clause is mentioned for a 10% payment on cancellation by the seller, then you have to abide by the same.
However, we need to check all the documents for the same.
