Questions & Answers
Questions & Answers
3 available 3 • View allThe developer did not issue the title deed and mortgaged the unit to a bank

2
Q: I bought a property from a developer. We signed a sale and purchase agreement. The developer informed me that the title deed will be available by the end of the year.
Now the developer is not issuing me a title deed and as per research, the title deed is submitted to the bank and the loan is taken on that by the developer.
So I have two questions:
1. Is it legal to sell the property in Dubai even if this property is already mortgaged by the developer?
2. What case should I submit against the developer as they are not issuing my title deed?
I have a SPA agreement and a written contract mentioned that the title deed would be delivered by the end of the year?


Jan 6, 2021
1048
How to enforce a favorable court verdict against a bank in execution

0
Q: I bought a property in 2008 with an 80% mortgage loan from a reputed national bank.
As per the mortgage contract it was signed for “Variable Interest Rate” and the bank should inform me about the interest rate changes. And I shouldn’t stop paying the principal amount.
BANK FRAUD:
1. The bank forced me to pay Pre-EMI for the first 6 years.
2. The bank increased the interest rate without informing me.
3. The bank used that increased interest rate as a fixed rate for 11 years.
After several emails and phone calls without any action, I stopped paying the bank, and then the bank has filed a commercial case in Dubai court.
The bank lost that case and Dubai Court ordered to reverse the bank fraud as per the signed contract:
1. Reverse all Pre-EMI to EMI.
2. Reverse interest rate increase.
The bank filed an appeal to Cassation Court and lost that appeal too.
MY QUESTIONS:
1. How can I exit from such a fraudulent bank contract and get my money back?


Dec 14, 2021
187
The property seller refused to sell the property without an MoU and asks for higher price


1
Q: 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?



Nov 29, 2022
788
Legal blog
1 available 1 • View allFailing to Honour Bounced Cheques in Loans and Other Transactions 8
An interview-format article covering the topic of loans and bounced cheques in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Jan 15, 2020
7121
Laws & Regulations
2 available 2 • View allFederal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75401
Federal 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
148543

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