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المساعدة في فهم الحقوق والإلتزامات الواردة في مذكرة التفاهم

هل يمكنك التكرم بإبداء النصيحة حول صحة النص في مذكرة التفاهم على أنني - البائع - سيفرض علي جزاءً يعادل قيمة مبلغ العربون في حالة عدم النقل في الموعد المتوقع؟

تنص مذكرة التفاهم على أنه يتعين علي دفع هذا المبلغ للمشتري - كما تنص أيضًا على أن شيك العربون قابل للاسترداد في تاريخ النقل - ماذا يعني هذا؟

شكرًا

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20 Aug 2018, 17:31

Hello there,

With reference to your inquiry, kindly note the following:

1. There is a legal principle stipulating that (The contract is the law of its parties), THUS, anything can be agreed upon, as long as it doesn't contradict with the Laws, Public orders or morals.

2. It is better for you, as the seller, to mention that you shall transfer on (xxx) date, and comply with that date. But in the event of non-compliance, you shall refund the deposit, in addition to an amount which is equivalent to the deposit (as per Law). But in such case the MOU (in its entirety) is deemed terminated, meaning that the deal is over.

3. If the Deposit Cheque is to be refunded to the buyer/purchaser, I guess this means that he shall pay the full price on the date of transfer (prior to refunding the check from you). But this makes no sense, as he is supposed to pay the deposit (which is the Cheque as per your inquiry), then pays the remainder upon transfer.

I do believe that the MOU in question needs serious intervention from a professional in order to save both parties' rights.

Kind regards.

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