Questions & Answers
Questions & Answers
7 available 7 • View allWhat can I do with the property seller who failed to do the transfer as per the MOU?



3
Q: Hello,
I signed a contract Form F with the seller through an agent on 1st Aug 2023. He was supposed to finish the transfer on 16th October but he did not do the transfer.
The property was 90% completed at the time of making the contract and he assured us that in one month he would finish the property. I sent him the legal notice on 16th Oct 2023 which is the last date of the MOU.
After the date of expiry of the contract, he is demanding more money. We agreed verbally on the new price but still, he avoids making a new MOU.
He puts all the clauses in his favor removing the main clause that if he backs out, there will be no penalty.




Nov 23, 2023
296
Getting a deposit or compensation if the buyer backs out after signing the MOU




2
Q: Hello,
A buyer of my property has refused to proceed after signing the MOU. Form F indicates the penalty type as "NO."
Am I entitled to a deposit cheque or compensation?
I have already rejected other buyers and came to Dubai for the deal, but the buyer is not answering the phone.





+1
Dec 25, 2023
513
Form F says "No penalty". Can I still claim compensation if the buyer withdraws?




2
Q: Dear Sir/Madam,
I signed an MOU (Form F) with a property buyer, and in the form, it says penalty type "NO."
Does this mean I can't claim compensation or recover a security cheque if the buyer refuses to proceed with the purchase after signing the MOU?





Dec 26, 2023
361
We signed an MOU and it expired before the developer granted NOC. Can we refuse to extend?

0
Q: We signed an MOU in December'23 and it expired on the 9th of Feb.
The buyer has got the manager's cheque ready but there is a long delay from the developer's end in issuing the NOC.
We are getting better offers now for our property and we don't want to extend the contract.
Can we do that or we cannot refuse to extend?


Feb 14, 2024
438
Can I get my money back from the seller after a mistake by them and the MoU will expire?




1
Q: Dear Sir/Madam,
I'm a buyer and came to the final stages of the process, all cheques have been issued and shared.
I was pushing developers about NOC (the seller takes things very slowly), and they realized a big mistake in the documents, the Dubai Land Department gave us a Title Deed instead of a Pre-Title Deed.
The bank prepared all cheques through that. Our MoU expires in a couple of days. We offer the seller to extend the MOU to provide documents.
So whose fault is it?
If the seller decides not to continue with the process and not renew the MoU, what would be my rights here?
Can I get back my cheques and be covered by the seller legally?
Thank you





Mar 7, 2024
212
Signed Form F with a buyer, can you still negotiate with others for a better deal?

1
Q: Dear Sir/Madam,
If you have signed Form F with a buyer, can you keep your property on the market and continue to talk to other buyers in case you get a better deal?
Is it against the law?


Apr 30, 2024
287
Can I cancel my house sale contract without extra fees after personal plans changed?




2
Q: Dear Lawyers,
I signed a Form F with a buyer for the sale of my house as we were planning to leave the country. The contract was signed about a month ago, but the handover is not until August.
Due to personal circumstances changing, we are no longer leaving Dubai and would like to cancel Form F.
The Form F contract stipulates that we have to pay the buyer 10% of the purchase value. The real estate agent is now claiming that we also have to pay the buyer's real estate commission and the conveyancing fee.
Our understanding is that the 10% penalty is the only penalty. Which is correct, and what are the next steps to dispute this?
Also, is there any way to dispute the 10% itself under the law due to personal circumstances changing?





+2
Jul 12, 2024
635
Laws & Regulations
1 available 1 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148625

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