Questions & Answers
Questions & Answers
3 available 3 • View allCan the seller force the broker to pay security deposit if the buyer breaches the MOU?
2
Q: Hi.
I would like to ask a question regarding the real estate property sale agreement.
We are brokers and we had a client who wanted to buy a property in the UAE. The seller was selling it for 2.1M and the buyer agreed to that price and they both signed the MOU.
In the MOU there's an article mentioned that the buyer and seller must each submit a security deposit cheque amounting to AED 100,000 that we the broker will keep and be returned to both after a successful transaction.
And there is another article stating that if ever any of the parties cancel or withdraw from the agreement period which is 15 working days, then the security deposit will serve as a penalty and then be disbursed to the broker and the damaged party.
In this case, the BUYER didn't give us a security deposit cheque and then he canceled after a few days.
Now the SELLER is pursuing a legal case against the broker and the BUYER and the buyer is not responding to calls or emails.
What are the legal cases for this?

Apr 12, 2023
764
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
The responsibility of the broker if the customer wants to cancel the deal
1
Q: A customer ordered goods via a sale-purchase agreement (SPA), in Kenya. The SPA has a refund and arbitration clause to be processed in Kenya. The goods are currently in transit to DXB.
The customer wants to cancel the deal and, instead of asking for a refund from the company in Kenya, he has filed a case against me in DXB for the refund. I originally introduced the buyer and seller as a broker.
How can I cancel this false case against me? What are the legal implications for me?
No money has been exchanged in DXB; the buyer paid in Kenya directly to the seller (invoice/receipt available).

Oct 18, 2021
319
Legal blog
1 available 1 • View allContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 3, 2021
1130
Laws & Regulations
2 available 2 • View allBylaw No. (85) of 2006 Regulating the Real Estate Brokers Register in the Emirate of Dubai 4
This Bylaw regulates the Real Estate Brokers Register in the Emirate of Dubai. No person may engage in real estate brokerage activities in Dubai unless he is licensed by the competent entities and entered in the register, which is maintained by Dubai Land Department.
May 30, 2006
4914
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
148342

Premium
Other answers by
1578 1578 answers •
View allHow much time do I have to start paying after the verdict in the appeal court? 0
Hello,
How much time do I have to start paying after the verdict in the appeal court?
And what's the probability of freezing my account or traffic file if I’m paying?
Apr 11, 2025
69
Can I put a financial guarantee to remove a travel ban in a rental case at RDC? 0
I used to work as a manager in a company, and my name was removed by the Dubai court of execution.
Now, on the paid rent, I got a travel ban, which I objected to at RDC.
The RDC accepted and gave the next hearing date, as I will have all the court papers.
Is there any way to remove the travel ban, as the objections I made at the execution hearing are next month, almost one month?
Is there any way you can put the amount as a deposit, and once the objection case is over, you can take it back?
Apr 9, 2025
82
How can you reach a settlement to avoid legal action by the bank if you lose job and can not repay your loan? 0
My brother lost his job in the UAE 8 months ago and has a debt of AED 170,000 to a bank.
He is finding it extremely difficult to make monthly loan payments to the bank, as he has been unable to find a job even after 8 months.
What options does he have to reduce/settle his bank debt without having restrictions on him, like a travel ban, etc?
Please help him find the best possible solution considering his current financial situation.
Apr 9, 2025
108
My husband and I are Canadian Muslims and he passed away in the UAE. How to open an inheritance case? 0
Hi there,
My husband and I are Muslims. My husband passed away recently.
We have a Canadian will, but I understand that it won’t be honored as I am named the sole beneficiary, and that does not align with Sharia laws in the UAE. He was not a UAE resident but had a small apartment with no Will in the UAE.
We have 3 children. I am planning to go to Dubai to start an inheritance case. I don’t know the exact order of events and what needs to be done first.
1) Do I initiate anything from overseas before making travel plans to Dubai, or do I start once I arrive in Dubai?
Mind you, we cannot afford to stay in Dubai for too long, as the kids have school.
2) Do I need a lawyer, or can this be done by myself?
3) I understand all foreign documents need to be authenticated before presenting them to the court. But I don’t know at what stage I would need these documents authenticated.
I would appreciate it if you could provide a breakdown of the steps, the forms that are needed, and where I can find them.
Thank you
Mar 27, 2025
60
Can the employer ask me for visa expenses if I resign after completing the probation period? 0
I am working in a Dubai private company and I have completed six months of the probation period. Now, I have decided to resign due to a physical problem.
My MOHRE contract mentions one month's notice, and I am willing to serve the notice period, but the employer asks for visa expenses.
My passport was also retained by the employer. How can I cancel my visa by chance?
I filed a complaint at the labour court. How many days does it take to get a verdict?
Apr 7, 2025
157

Premium
Other answers by
3180 3180 answers •
View allHow to file an online defamation case from the Philippines against someone in Dubai? 0
Hello,
I'm currently looking for legal advice regarding an online defamation case. I am a Filipino citizen currently residing in the Philippines. The person I want to file a complaint against is also a Filipino citizen and is currently based in Dubai.
I have already sought legal consultation, but it cost me a lot for just a simple session. Unfortunately, I don’t think I can afford to proceed with the fees required for sending a warning or demand letter to the person I’m complaining about.
I would really appreciate any help, guidance, or information about possible free or low-cost legal services.
Thank you for your time!
Apr 11, 2025
63
What does Cabinet Resolution No. 1 of 2022 mean with exempting supervisory roles from the provisions of the Labour Law? 0
Dear colleagues,
According to Article 15 of Cabinet Resolution No. 1 of 2022 (“Executive Regulations”), employees occupying supervisory roles are exempt from the provisions of the Labour Law and the Executive Regulations in relation to maximum working hours only if they possess powers equivalent to those of the employer.
Could you please clarify what is meant by "if they possess powers equivalent to those of the employer"?
Currently, we have heads of departments who report to the directors. Will they be eligible for overtime?
Also, those who have a POA to sign contracts will they be eligible?
Or, those who temporarily replace the CEO while he is out, will they be eligible?
Apr 10, 2025
58
Can I request delaying my visa cancellation due to medical unfitness until I retake my medical test? 0
I got a work permit and moved to the UAE. I had a work permit for 2 months, which was supposed to be changed to residency. But I got medically unfit, and the company off-boarded me the same day.
They gave me a grace period of 15 days before cancelling the visa. In these 15 days, I have managed to get my test redone and am in the process now.
Can I ask my agency to let me stay till I get my reports updated, and not to cancel the visa as it's already in the legal limits?
I entered on 2 March, so my visa expired on 2 May. I have taken 1 test and the results are due by the next two weeks (between 14 April and 21 April).
Can I ask them to hold the cancellation because I am pretty sure my reports will be revised?
Apr 10, 2025
42
I have unpaid bank loan and credit cards in Dubai and got a job offer from Kuwait. Can I go there? 0
I have a bank loan in Dubai of AED 20000 and two credit cards from different banks (5000+5000), and the total is AED 30000.
The liability is in Dubai. I left Dubai 10 years ago. Now I have a job offer from Kuwait.
Can I go there?
Apr 10, 2025
91
نزاع بين شركاء مفوضين بالتوقيع على المعاملات البنكية للشركة بشأن شيك وتحويل أموال 0
زوج وزوجة، الزوجة مالكة لشركة بنسبة 50% ولديها شريك أجنبي يملك بنسبة 50%. الشريك مخول بالتوقيع في كافة المعاملات البنكية للشركة والزوجة كذلك لها ذات الصلاحية.
بعدها، غاب الشريك الأجنبي عن الشركة وسافر. ومازالت الشركة نشطة والعمال لايستلمون رواتبهم والشريك قام بتحويل جميع أموال الشركة إلى حسابه الخاص دون علم الشريك الآخر.
ثم تحصلت الزوجة الشريكة على شيك، فقام الشريك الأجنبي بفتح بلاغ خيانة أمانة واستلم زوجها الشيك.
فما هو الحل القانوني من ناحية جزائية وتجارية؟
Mar 27, 2025
64

Other answers by
146 146 answers •
View allWhat can I do if my tenant moved out without notice after serving him rent increase notice? 0
I own a property in Dubai and we issued a 90-day notice to the tenant to advise of the rent increase.
The tenant accepted and confirmed they would be renewing the tenancy agreement.
Before they signed the new tenancy agreement they moved out without giving any notice.
What are my rights in this scenario?
Aug 28, 2024
84
Will my fees be refunded if I close a cheque execution case that I opened against someone? 0
Dear Lawyers,
If I want to close a cheque execution case that I opened against someone, will my fees be refunded to me?
Aug 12, 2024
137
As a partner who loaned money to the company, should I sue the company or my partner? 0
Dear Lawyers,
I am a 50% partner in a company. I had given a 2M AED loan to the company about 10 years ago. There are expert reports and bank records to prove the loan.
The company does not have any bank balances or assets. Should I start a lawsuit against the company and demand 2M AED, or should I start a lawsuit against the other 50% partner and demand 1M AED?
One benefit of suing the company is that I can obtain an acknowledgment of debt, and later in an execution case, I can issue a certificate of solvency to have the other partner arrested.
However, suing the other 50% partner directly would include their name in the executive writ. Please guide me!
(I believe all necessary legal information is provided here. If something is missing, I can provide additional details here.)
Aug 14, 2024
109
How can I withdraw my case to release someone arrested for harassment? 0
Dear Sir/Madam,
I want to withdraw a case against someone who harassed me. She has now been arrested and held at the police station for 4 days.
How can I withdraw the case so she can be released?
Jun 29, 2024
295
What happens next after a DUI arrest and vehicle impound? 0
Dear Lawyers,
I was caught drinking and driving (no accident). They held me in prison for one day, then I signed some papers and they released me.
They also gave me a vehicle impound paper and asked me to come on Monday with my car registration and license.
Do you have any information on what will happen next?
Jul 23, 2024
145
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer