Questions & Answers
Questions & Answers
5 available 5 • View allBuyer's default of the SPA
3
Q: I signed a Sales Purchase Agreement with a buyer on a cash-buy basis and deposit 10% of the cost of the property. We agreed to meet at RERA in 30 days of to effect the transfer of the title deed. 60 days have passed and the buyer has informed me that he does not have the full amount for the transfer of the title deed.
What should I do with the 10% deposit?

May 31, 2016
3784
Real estate matter in the UAE
1
Q: We are from the UK and our broker found a buyer for a property. The MOU was agreed and had an expected transfer date and expiry date. The MOU stated that the buyer will prepare for NOC and the take transfer of the property during the period we are in Dubai.We arrived in Dubai during the agreed dates. The buyer did not prepare the NOC in advance but only after we arrived leaving insufficient time for the NOC to be completed. The buyer did give us a small cash advance on the sale which we still hold. On the day of the transfer, the buyer claimed they had an emergency and were not available to complete the process. We had to return to the UK.However, the buyer and broker are now expecting us to return to Dubai to complete the process. However, due to health restrictions we can not do this easily.Are we as sellers obliged to return and complete the transfer? Has the MOU effectively expired? Are we entitled to the buyer's deposit? Can the MOU be terminated?Thank You.

Nov 22, 2016
3277
Refund of a deposit paid by the buyer of a real estate property
2
Q: Hi,
I had signed an MOU to buy an apartment. I had the following clause in the MOU:
"This sale purchase contract is subject to the final approval from the Buyers Banks"
My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent?
Thanks,
Dinesh

Jul 18, 2017
5284
Possible punishment in a complaint for bounced cheques
0
Q: My husband is an investor and I am a housewife in the UAE. My situation is that my husband had attempted to buy several properties in Dubai on my name.
However, over the past months, he has been seriously ill and hospitalized multiple times.
Eventually, the MOUs of these properties expired before we were able to take ownership transfer, and the sellers placed the 10% deposit cheques in their accounts.
These cheques bounced because my husband was unable to arrange the 10% deposit amounts in time due to his illness.
Now, these sellers are making a police complaint against my husband and are threatening to put him jail.
They have been unwilling to show any mercy despite his medical records, and the doctor’s official recommendation that my husband should rest for a month.
Please note that our MOU was a basic one, and had no clause that excuses ill health.

Mar 24, 2019
493
The buyer issued deposit cheques but could not conclude the deal


1
Q: Dear sir,
I received deposit cheques for the amount of AED 324,000/- and AED 34000/- as deposits for the sale of my villa in Dubai. The buyer could not conclude the deal in the stipulated time.
We, therefore, presented the cheques. The bank gave a letter certifying that the cheques were issued from a closed bank account. We have registered a police complaint on the Dubai Police app last week.
I have read on various websites that issuing cheques and closing that account is a criminal offense. Is that accurate?
Hence, is filing a police complaint sufficient? Or is there anything else that we need to do in parallel? What will happen now?
It has been a week since we lodged the complaint and haven’t heard back.



Jun 16, 2022
261
Legal blog
1 available 1 • View allشكاوى الشيكات المتعلقة بالمعاملات العقارية بدولة الإمارات 3
تحظى المعاملات العقارية باهتمام كبير بالغ الأهمية في دولة الإمارات العربية المتحدة وبخاصة في إمارة دبي لما لها من شهرة واسعة النطاق في هذا المجال. لذا خصص سمو الشيخ محمد بن راشد آل مكتوم حاكم دبي المرسوم رقم 56 لسنة 2009 الخاص بتشكيل لجنة قضائية خاصة للفصل في الشيكات المتعلقة بالمعاملات العقارية لإمارة دبي.
Apr 12, 2020
682
Laws & Regulations
5 available 5 • View allDecree No. (56) of 2009 Establishing a Special Tribunal for the Settlement of Cheque Disputes Relating to Real Estate Transactions 0
This Decree establishes a special tribunal with exclusive jurisdiction to settle complaints related to dishonoured cheques which are issued by a purchaser and made payable to a real estate developer, or those cheques issued by those with usufruct rights or with long-term leasehold rights.
Nov 1, 2009
879
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
4819
Law 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
3112
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 3
This Resolution approves the Implementing Bylaw of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Feb 14, 2010
5119
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3528

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View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
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How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
282
The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
671
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1270
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1263
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