What can I do with the property seller who failed to do the transfer as per the MOU?

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

If the seller is avoiding signing a new MOU with fair terms, consult with us to protect your interests.

Document all communication and consider mediation for resolution. If no agreement is reached, legal action may be necessary to enforce your rights and seek compensation, following local UAE real estate laws.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

The former MOU is no longer valid unless both parties mutually agree to extend the same.

If you are not consented to the clauses in the new MOU, you don't have to sign it. Moreover, there are many more possibilities in this particular situation.

We can discuss more about this in a legal consultation session for a charge. Share your WhatsApp number if you want to go with the services.

Do not agree to pay any more money until the seller has fulfilled their obligations under the contract:

If you agree to pay more money, you may be waiving your right to take legal action against the seller.

Before you sign any contracts, make sure you do your due diligence on the property and the developer.

Hello,

Regarding the issue with the property transaction that was not completed by the agreed-upon date of 16th October 2023, I would like to offer the following legal perspective, particularly focusing on the potential for compensation:

1. Breach of Contract and Compensation:

The failure of the seller to complete the transfer by the specified date constitutes a breach of the contract. Under UAE property law, this breach could potentially entitle you, the buyer, to compensation. Often, such compensation is determined based on the terms of the contract itself.

2. 10% Compensation Clause:

If your contract includes a clause that stipulates a 10% compensation of the property value in case of the seller’s failure to fulfill their obligations, this can be legally enforced. The specific enforcement would depend on the wording and conditions of the clause.

3. Enforcement of Contract Terms:

It is crucial to closely review the contract to understand the specific terms regarding breaches and penalties. If the contract explicitly provides for a 10% compensation in such scenarios, you have a strong basis to claim this amount.

4. Legal Notice and Subsequent Negotiations:

Your action of sending a legal notice on the last day of the MOU was appropriate. However, be cautious about verbal agreements for a new price or altered terms, as these can complicate the original contract terms. It's essential to have any new agreement in writing.

5. Approaching Property Regulatory Authorities:

If the seller continues to be non-compliant, you may need to consider approaching the relevant property regulatory authorities or legal bodies in the UAE for dispute resolution and enforcement of the contract terms.

In light of the seller's failure to complete the transfer and the significant potential compensation involved, it is imperative to proceed with legal caution and professional advice.

Please feel free to reach out if you need further assistance or specific legal services regarding this matter.

Best Regards,

Omar Mosaad

O.S Legal