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Dubai, UAE

The property mortgage was rejected and the seller refused to cancel the MOU

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.

Momentum Legal & Management Consultancy
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5 Feb 2022, 18:05

We need to review the MOU in order to advise if the deposit amount can be considered a nonrefundable deposit or not.

Regards,

Sayed Abdalla

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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6 Feb 2022, 08:21

Hello,

As per your query, please note that as the loan got canceled and the seller did not cancel the MOU, you can take legal action against the seller through a police complaint, criminal case, and also civil case.

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.

17 Mar 2022, 09:38

Dear,

Sorry for the late answer. Thank you for your feedback.

For the same subject, yesterday the agent gave the cheque to the seller and he tried to cash it but it did not work (insufficient funds).

Now the cheque is in the hands of the seller which he can use to complain against me about "returned/bounced cheque/insufficient funds"... etc.

I need to block the cheque from the bank but they asked me to go to the police station and get a "STOP PAYMENT".

I went to the police and they redirect me to the Dubai Courts. From there also, they redirected me to a typing center.

I need your help to figure out what I should do.

Thank you in advance.

17 Mar 2022, 09:48

Hello,

There will be fees in regard to that.

17 Mar 2022, 09:50

Yes, sure. How much?

17 Mar 2022, 10:11

How much is the cheque value?

 

17 Mar 2022, 10:14

AED 220.000.

17 Mar 2022, 10:16

AED 20,000, our fees.

17 Mar 2022, 10:19

But they don't have the right to cash the cheque.

They should wait for the Court's decision to proceed.

17 Mar 2022, 10:22

When should I pay the fees? When they go to the court and file my case for the cheque?

17 Mar 2022, 10:28

Did they already file the case?

17 Mar 2022, 10:45

The total fees are payable to defend your case if there is any case.

If there is no case, then we can open a case against them

17 Mar 2022, 11:09

They didn't open a case yet.

17 Mar 2022, 11:10

But they will do as the cheque is rejected already.

17 Mar 2022, 11:11

Ok, so if we open the case against them and we lose, I will not pay the fees to you?

17 Mar 2022, 11:16

I will Whatsapp you.

17 Mar 2022, 11:17

You can visit our office.

17 Mar 2022, 11:41

Hello,

You can send the documents to us by email.

17 Mar 2022, 11:43

Yes, I will send them shortly.

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