Q: Hello, I paid a deposit for a property from the developer, with their own financial plan. I signed a reservation form with this deposit. However, I found out this property is mortgaged during due diligence, even though they showed me a title deed stating clearly "not mortgaged". Can I walk away from this transaction and recover my deposit? Thanks in advance

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: I purchased a commercial shop and seller left Dubai immediately after that. There's loan with the bank in name of shop. 1. Fed Law No.18 of 1993 CL 47(1) says that the person upon whom the title to the business premises has devolved shall remain liable for the debts, if the creditors of such debts submit a statement thereof within the said prescribed period and........ 2. Clause 47 (3) says: Furthermore, the disposing party shall remain liable for the debts related to the business premises and which have arisen prior to the notification of the disposal unless he is discharged therefrom by the creditors. What is the difference between the two? Our sale agreement CL 8 says First Party (seller) bears all obligation owed by the Sold shop in favour of others including rents, wages, salaries, fees, taxes, fines .... and all other expenses related to the Shop until the date of registration of sale with the competent authority. What takes priority, sale agreement or Fed Law and who has liability for the loan?

Q: I am buying a mortgaged property in Abu Dhabi for which I'm required to make payment to the seller's loan obligation before the Title Deed Transfer, so that bank can issue a mortgage loan clearance letter and release the original title deed document to the seller. Unlike Dubai, I understand there is no process currently in place to "block the property" with Abu Dhabi Municipality at the time the buyer gives a cheque (in the name of the seller's bank) for the loan obligation. Therefore, my question is, how to minimize the risk of the buyer's default, i.e., the seller does not transfer the Title Deed to the buyer after the buyer pays a cheque for all the seller's loan obligation. Thank you

Q: Hi, I recently sold a property that was under a mortgage. I requested a mortgage liability letter which was issued on 24 May. This was settled by the buyer's mortgage lender and my mortgage clearance letter was issued on 06 June. The property sale was completed on 16 June. My old lender has now (29 June) requested another payment to cover 'errors' that have surfaced in their account booking procedure. Can they do this? Thanks M. M.

Q: Hi, I have recently signed an MoU to buy a property and a bank has offered me a good loan package so I want to sign with them. Therefore, I have asked my employer to produce a Salary Transfer Letter (STL) to be able to sign my loan with this bank. Just to clarify, I have no loan with any bank, I just have a credit card with my current bank (never had any issue on it). To produce the STL my employer needs a non-objection letter (NOL) from my bank or a No Liability Letter (NLL). My current bank said the first option is impossible as "they do not have a template for that" and they can only produce a non-liability letter (NLL), however, this is not possible as it takes 45 days after card's cancellation to get the NLL. My question is: Does my employer really need a NOL or NLL to be able to transfer my salary to another bank? (He never signed anything with my bank). Employer says there is a tacit agreement between employer and bank when the salary gets transfered to the bank, is that true?

Q: Dear all, I am writing to you regarding a property sale breach of contract. I signed a Memorandum of Understanding (MOU) as the buyer of a mortgaged property in Dubai. The purchase I am making is also through a mortgage. However, the seller only cleared the mortgage on the property he is selling to me after I received the final offer letter from the bank for the mortgage I applied for, based on the documents I submitted. The seller signed the MOU to sell a mortgaged property and provided the documents to support this. However, my bank has declined the disbursement because the details have changed without prior notification or explanation. In order to complete the transfer, I have to reapply for a mortgage. The seller has refused to extend the MOU, and a new title deed has to be issued according to the new details of the mortgage-free property. How can I best deal with this situation, since the MOU has expired and everything was done on time from my side? Thank you!

Q: Hello to all. We are purchasing a house with a home loan. We signed the MOU on 31/10 and unfortunately, it took the bank approximately 2 months to complete the whole process. Now the MOU has already expired and the seller is asking for an additional 10% security deposit as compensation for the delay. It is not our fault as we don't have control over the bank approvals. Can they do that? Are we protected from DLD in this matter as the property is under mortgage?   Thank you

With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.

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.

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.