Q: 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.

Q: I signed an MOU for purchasing a property from the seller. It has now been close to two months, with no progress. The tenant at the seller's property is not allowing time for valuation purposes. And now the seller is saying it's not his problem and is not willing to pay the 10% agreed as per the MOU. There's a specific clause in the MOU as below: "In the event that the 'seller' fails to complete the transfer on the agreed date due to his own act or omissions, then the full deposit will be refunded to the buyer, and also the 'seller' agrees to pay the same deposit amount to the buyer as a compensation for the loss of the said property unless they agreed amicably to different terms or dates."

Q: Hi, I signed an MOU to purchase a property. My seller is now asking for more money and threatening to not sell the property even though the MOU has an automatic extension clause of 20 more days. What shall I do? P.S. My mortgage final offer is signed and he is supposed to apply for a NOC which he is not doing.

Q: Dear sir/madam, I signed an MOU to purchase a property. The MOU was signed by the POA holder of the seller on hard paper. We have been following up with the seller agent and he was keeping us up to date for nearly a month that the NOC is in progress. Last week when the MOU period expired, the agent informed us that the POA issuer has decided not to sell as he has another offer. I asked the agent about the MOU and the agent said MOU has no value as it is on paper and not in the Dubai Rest application. Questions: Can I enforce a paper-based MOU (Form F)? Or due to new rules, it is no longer valid and we made a mistake? The MOU was for one month and it is about six weeks since we signed the MOU. Appreciate any advice!

Q: Dear Sir, Please be informed that I contacted one of the real estate agents in Sep 2022 for a purchase of an apartment in Abu Dhabi. MOU signed with seller/agents in Oct 2022. The subject apartment was under lease and a tenant was staying there. I contacted my bank for a mortgage and the bank requested access permission for valuation. However, the agents informed me that the tenant is out of the country. And later once the tenant was back in the country, I requested agents for further permission. After multiple tries, the tenant provided the bank with access for valuation. I had no direct contact with the owner/seller. I paid the bank valuation fee. Once approval came from the bank, I informed the agent. I got a reply that the seller does not wish to proceed with the MOU. Then requested agents to return the agency commission fee, which I paid at the time of signing the MOU. Ever since I am behind the agency to return my amount. However, agents have not yet returned the amount to date. Appreciate your necessary legal advice. Thank you. Regards T.

Q: Dear Sir/Madam, I've signed an MOU for a townhouse, and the seller has signed it as well. Now the seller is backing out, saying that the agent gave him wrong information and he doesn't want to sell. This is after more than a week of signing the MOU. Clearly, he is getting a better offer. But as a buyer, what are my options? I've already lost valuable time, and it's causing me a lot of mental stress.

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.