Q: Hi, I had signed an MOU to buy an apartment. I had the following clause in the MOU: "This sale purchase contract is subject to the final approval from the Buyers Banks" My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent? Thanks, Dinesh

Q: Hello, I have signed an MOU where the buyer failed to complete the transaction as per the date of transfer plus the extension. Thus, the MOU expired. I have requested from the agency the 10% deposit cheque signed by the buyer. They refused to give it to me and requested an extension without any penalties or price increase despite the market appreciation by 10%. What can I do to get the cheque legally from them? I am already in a big issue because I already bought a bigger unit having in mind that my unit is sold. They are asking for an MOU extension but the prices went up and I request the fair price as per the market and they are refusing to pay the increase. Appreciate it if somebody can provide me with feedback on these two points: 1- Can the agency hold the cheque and not give it to me? Aren't they violating the law here? 2- What can be done in this case and what would the next steps be? Thanks in advance, Regards,

Q: I am seeking legal advice to terminate the contract due to a delay in the project for a period of 16 months only. The following is the details of the project as per SPA and some givens: - 30% paid in installments (on time, no delay in payment). - 70% to be Paid on Handing Over. - Expected Handing over date: 1st April 2019. - Longstop date of Handing over: 1st April 2020. - Actual date of delivery announced by developer: 10th August 2020. - Notification sent to the developer by myself to terminate the SPA and return the 30% paid amount. - Developer responded that the notification is rejected as the delay is due to force majeure (Covid-19 Pandemic). Question: Do I have a winning case if I filed to court to return the paid amount?

Q: Dears, I was trying to buy a house in Dubai using a mortgage loan. I signed an MOU with the seller. Unfortunately, the mortgage defaulted and I didn't get the expected loan amount. I requested for MOU cancellation, but the seller rejected and sent me a Notarial Notice to start legal action against me and to encash the cheque. What should I do? Should I hire a lawyer and prepare for legal defense? Thank you in advance dears.

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?

The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.

The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.

This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.