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Dubai, UAE

What you need to know while purchasing a new apartment

Hi, I am planning to buy a ready apartment in a 2-year-old building.

How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared?

How can I check that the seller does not have court cases against him in relation to property?

How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index?

Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service?

Regards,

Gufran

Eissa Salem Lawyers & Legal Consultants
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4 Jun 2018, 23:43

Greetings

Regarding your plan to buy an apartment:

The first thing you need is to read your contract carefully before you sign it.

The second is that you need to check in Dubai Land Department about all the history of your new apartment.

It requires a lot of steps and follow-up to be finished, and you need to be careful with it.

For more information, kindly contact me at +971566697619

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Elnaggar & Partners
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5 Jun 2018, 08:58

Dear Questioner,

I will try to answer your questions one by one.

Buying a ready property is simple. You can access the online portal of DLD to verify some information and the rest you must get several documents from the seller.

1. How can I check for any dues on that apartment?

- DEWA: You should ask the seller for the final bill.

- Chiller "if any": You should ask the seller for the final bill.

- Service Charges: You can ask for a statement of account to verify it with the Facility Management Office and additionally, issuance of the NOC to do the sale transaction usually means the service charges are up to date and sometimes it is also paid in advance.

2. How can I check that the seller does not have court cases against him in relation to property?

- You cannot. However, if the seller had legal problems and the property is blocked because of these legal problems it will show in the system of the land department portal and their representative Trustee Offices.

3. How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index?

- This is inaccurate. The service charges get decided by the facility management company, taking into consideration the land department and RERA regulations, proposed to the owners association to approve it and after its ratification, it becomes confirmed.

4. Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me?

- Yes.

5. What is average cost for this service?

- We charge fixed hourly rate for the services of USD 350 per hour for the actual time spent studying the file, preparing all the applications, communicating with the agent/seller/and authorities to safeguard your interests and make sure the property purchase is handled correctly until you get the title deed issued under your name. It can take anything from 6 to 12 hours work subject to a case by case basis.

Best regards,

Ahmed Elnaggar 

ae@elnaggarlegal.com

5 Jun 2018, 14:07

Thanks so much ahmed for the answers.

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