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Dubai, UAE

The property seller refused to sell the property without an MoU and asks for higher price

This is to report that I paid a 10% security cheque of the property value as agreed upon & accepted by the owner to sign the MOU/FORM F.

But the real estate agent told us that there is some technical issue while generating the MOU document with land and need to update the title deed.

As I have a pre-approved bank loan, the real estate agent informed me to proceed with property valuation and confirmed meanwhile the documents will also get updated with DLD.

After waiting for almost 2 weeks when we asked to generate MOU, the agent told the seller to back out & wants to sell at a higher price.

It was delayed by the broker & seller for not signing the MOU/Form F & backing out after almost a month should be considered unlawful.

As agents, they should secure the rights of both parties, in this case, where I was not at fault as the buyer, and the agent took their own time to find a new buyer at a higher price.

How can we take action against them?

Rashid Saif Advocates & Legal Consultancy
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29 Nov 2022, 08:06

Hello,

Please send us the relevant documents like the property details.

First, you have to complain about the scenario before the Dubai Land Department to return back the 10% security.

If the MOU is signed (even electronically) and you got a copy of the MOU, please forward it to us.

If the matter is not sorted out in DLD, we can take proper legal action.

29 Nov 2022, 08:06

Please call or email us.

29 Nov 2022, 08:26

Hi Mr. Rashid,

Thanks for your reply.

As mentioned earlier, the MOU was not signed and the agent kept telling us that there is a technical issue due to which they are not able to raise the request.

But the property valuation was upon the owner's confirmation, and after almost a month, they told us the seller wants to sell the property at a higher price.

We requested the agent to provide the 10% deposit cheque but they kept on insisting the Seller is not legally bound.

But how about the Agent on whose confirmation we kept waiting and when they must have found a new buyer, the seller backed out?

I require your kind assistance on how we can claim our legal rights and penalize the wrongdoing of the seller & agent.

Thanks.

29 Nov 2022, 12:46

Ok, call please or email.

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Laila Hamza Al Mulla Advocates and Legal Consultants
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29 Nov 2022, 09:14

Welcome,

You can file a complaint and demand the completion of the sale and request compensation for the delay in registration.

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Mohamed Bakheet Advocates & Legal Consultants
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29 Nov 2022, 13:08

As long as the memorandum of understanding is not agreed upon and signed, you cannot take legal action against the real estate agent who breached it.

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