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Can the buyer add to an MOU a clause to avoid any unforeseen incumbrances?

Hello,

I like initial advice from a legal professional before proceeding with the sale of a shop.

The buyer agrees to pay a deposit and sign an MOU but wanted to add a line in the MOU that if anything we hide or not disclose which he finds later - he will eligible for a deposit refund and a penalty from us.

Now we say no to this open-ended clause right away. We provided a credit report, court letter, accounts everything to his due diligence representing a company but he still wants to add this line to make it risk-free.

We thought no deal like this open question can be accepted anywhere in the world.

Kindly advise

Thanks

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Colin Biggers & Paisley Lawyers (Middle East)
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7 Jul 2021, 04:46

Dear Questioner,

We would need to review the MOU to give you appropriate legal advice.

You can contact us on the phone.

Regards.

7 Jul 2021, 05:59

Dear Sunil,

Ok understood - I'll try to get the draft copy - it's not ready but they were talking about those clauses hence I ask.

Thanks

7 Jul 2021, 09:56

We can assist with drafting the required documents to safeguard your interests.

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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7 Jul 2021, 06:02

Hello,

The buyer is providing this provision, in order to safeguard his rights.

However, you can redraft the MOU and make additional clauses as per your suitable criteria.

The terms of any MOU depend upon the agreement between both parties.

Please call or e-mail us.

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

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