Questions & Answers
Questions & Answers
7 available 7 • View allThe property mortgage was rejected and the seller refused to cancel the MOU

0
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.


Feb 6, 2022
1017
Claiming back down payment from a broker after securing a house loan

1
Q: Dear Dr Amira,
I entered into an agreement with mortgage brokerage to help me procure a loan for a property in Dubai, further to which the firm asked me to pay upfront an amount of AED 470K.
This included down payment and other misc. charges. The brokerage company has managed to procure the loan but now have used my down payment and does not have the funds to conclude the transfer.
What are my legal options?
Please advise


Feb 10, 2020
472
Getting the deposit cheque back upon bank refusal and MOU expiry
5
Q: Hi,
I had signed MOU to pay for a property, but my bank does not approve the loan. The MOU got expired. Now the owner asks the agent to give him my deposit cheque.
In the MOU, it is mentioned that the MOU is valid for 45 days and it is subject to bank approval. If there is any rejection from the bank, this MOU will be null and void.
In this condition, can I get my deposit cheque back?

Apr 7, 2022
1137
Can the buyer prevent the seller from selling his property if he could not get a loan?

1
Q: Hi,
I have a property in Dubai for which we entered into a contract and signed Form F at the decided rate. The agreement was subject to getting pre-approval.
We have waited for two months now, the buyer is unable to obtain the loan from the bank. The last date of the contract is also over.
We want to cancel the contract, but the buyer is not canceling and says that he will wait for some more time to see if he can get the loan.
What should we do?
Please help!


Feb 1, 2023
261
What does the clause of failing to obtain a loan in the Form F of property sale mean?


3
Q: What is the interpretation of this clause in Form F of the sale agreement of property?
"If applicable, if after applying for the loan the Buyer is unable to obtain such loan within a period not to exceed (14) days from the date of execution of the Contract, this Sales Contract shall be void, and the full amount of the Deposit Cheque shall be refunded to Buyer."



Jun 16, 2023
807
Can I still cancel my form-F contract after 20 days if I don't get a loan?

4
Q: Dear Sir/Madam,
I have a form-F contract with a seller. The contract says that if I do not get a loan, I can cancel the contract after 20 days. I spoke to my agent on WhatsApp, and I was still within the 20-day period.
On the 24th day of the contract, I sent an email to my agent to cancel the contract. However, he said that I am now 4 days late. He also mentioned that the sale is cash.
After all of this hassle, I see that he is being difficult with me, even though he is my agent. He now says that we still have 18 days to sign the contract, and if I do not sign, he will hand over my security deposit check to the seller.
I do not want to lose my 10% deposit, so I am looking for options. I found a friend who wants to buy the villa, but he does not want to apply for a NOC from the developer under a different name.
The agent is being difficult and rude to me. Can someone help me with some advice?
Also, the agent I have been in contact with is not the same agent who signed the contract. I do not even know this person.


Jul 10, 2023
1244
How to handle a seller who refuses to return a reservation cheque?



1
Q: Dear Sir/Madam,
To whom it may concern, I handed over a reservation cheque to the real estate agent and mentioned in the cheque receipt not to cash the cheque or transfer it to the seller before my finance is agreed upon.
The seller already has a new buyer and does not want to return the cheque. He wants to claim the reservation cheque with an amount of 100,000 AED.
This behavior is against ethical standards in the real estate business. I am looking for advice on how to solve the problem in the best and simplest way possible.
I appreciate a brief response.
Thank you!




Feb 11, 2024
126
Laws & Regulations
2 available 2 • View allLaw No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
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.
Apr 12, 2009
3141
Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
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.
Aug 14, 2008
4863

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Is it mandatory to visit the CID in person to update my records? 2
Respected Advisors,
I have been involved in a few criminal cases since 2017, but all of them were cleared by this year. I have obtained release letters for all the cases from the public prosecution office through an online portal.
Recently, I also received my residence visa. After the visa process was completed, I applied for a PCC online. However, the request was rejected.
I contacted the 901 office, and they advised me to visit the CID. I arranged for a power of attorney to be granted along with all the necessary documents to update the system.
Twice I was told to come in person, but I am hesitant to do so because of my previous negative experience.
Could someone please advise me whether I must go in person or if the person holding the power of attorney can handle the process?
Thank you!
Nov 15, 2023
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How can the heirs of a deceased person distribute his shares if there is a minor? 1
My father died recently. We are Muslim residents in Dubai. I have siblings including a minor who is 16 years old. My father has land and vehicles under his name.
If I am applying for inheritance, does the minor need to have a share in ALL the properties and vehicles or can she be given a particular property/vehicle?
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Senior executive unfairly dismissed: How much compensation to claim? 2
Dear Sir/Madam,
I have been unfairly dismissed (it's personal on their end) and have been given only two months' salary apart from the compulsory gratuity and notice pay.
I would like to claim more than two months as I am a senior executive (Director).
Up to how much should I claim, and would this be a realistic amount for me to "win"?
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Can we file a claim against an employee if he caused a financial loss to the company? 2
There was a legal action against an employee who failed to participate in an international event in Saudi Arabia due to a family issue that resulted in a travel ban, which in turn led to the non-signing of an AED 100,000 deal resulting in a loss to the company.
- What legal grounds exist for the employer to pursue legal action against the employee in this scenario?
- Does UAE labor law provide any specific guidance or remedies for such situations?
- What are the desired outcomes or remedies the employer can seek through legal action?
- Are there any potential legal consequences or liabilities for the employer in pursuing this case?
- What documentation and evidence are needed to support the employer's case?
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What are my options if my husband is refusing to pay child support? 1
Dear Sir/Madam,
What are the charges to open an execution file in Sharjah for a divorce case and how much time will it take to execute the court order?
My husband told the court that he does not have money to pay for me and my daughter's expenses because he is earning a minimum amount in which he can only survive.
In that case, what can I do?
He closed all his bank accounts and sent money to his parents in India. He also told me that he will show in court that he does not have a job or money, so the court or police cannot do anything to him.
Can you please guide me on what I can do in this case? I do not have any proof of his salary or bank account because he was not informing me about anything related to his financial matters.
In fact, he was forcing me to ask my parents to send money to us. Because of no proof, the court agreed with him and rejected my appeal. I do not have a job and I am struggling for basic expenses.
Can I request the court to inquire about his gratuity and end of service?
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Sep 13, 2023
348
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