Questions & Answers
Questions & Answers
8 available 8 • View allI have signed Form F and got the mortgage but the seller is in breach. What to do?




1
Q: Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks





Nov 16, 2023
946
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
801
The seller decides not to sell the property after signing the MOU. What to do?

3
Q: Dear sir/madam,
I signed an MOU to purchase a property. The MOU was signed by the POA holder of the seller on hard paper. We have been following up with the seller agent and he was keeping us up to date for nearly a month that the NOC is in progress.
Last week when the MOU period expired, the agent informed us that the POA issuer has decided not to sell as he has another offer. I asked the agent about the MOU and the agent said MOU has no value as it is on paper and not in the Dubai Rest application.
Questions:
Can I enforce a paper-based MOU (Form F)? Or due to new rules, it is no longer valid and we made a mistake?
The MOU was for one month and it is about six weeks since we signed the MOU.
Appreciate any advice!


Oct 12, 2022
1469
Should DLD Form F be canceled if it expired for deposit cheque recovery?

3
Q: Dear Sir/Madam,
Is there a need to cancel DLD Form F if it has expired?
Form F date has expired even after extending by a month, the seller is not selling. The broker is not returning our deposit cheque saying that Form F has to be canceled on DLD.
I want to verify if this is a requirement even though the Form F date has expired.


Feb 10, 2024
756
Is an MOU still legally binding to parties after its expiry?




3
Q: Dear Sir/Madam,
We are at the final stages of the process, with our MoU expiring while waiting for the NOC. All cheques have been issued and shared.
In the MoU, we have a couple of additional conditions regarding the seller's obligation to obtain the NOC and a penalty of 10% for defaulting on either side.
If the seller decides not to continue with the process and not renew the MoU, does the expired one still legally cover the buyer?





+1
Feb 19, 2024
945
Signed MOU to buy property, but tenant refuses to leave. Can I cancel?


2
Q: Dear Sir/Madam,
I have signed an MOU to buy a property. The MOU says that the property will be vacant on transfer. The current owner had given a 12-month notice to the tenant but the tenant is refusing to vacate.
The owner has filed a case with RDC and the hearing date is also given. I worry that the tenant may not show up for the hearing and the hearing will be postponed beyond the MOU date.
What are my options? Can I terminate the MOU and penalize the owner, or do I have to proceed with the property transfer regardless of the tenant leaving?



Apr 15, 2024
207
The seller did not proceed with the transaction. Can the buyer claim the 10% fine?




1
Q: Dear Sir/Madam,
Form F was signed between the seller and the buyer; however, the seller did not proceed with the transaction, resulting in its failure.
The contract stipulates that if the seller breaches the deal without reason, they are obliged to pay a fine of 10%.
Can I, as the buyer, take legal action?





+3
May 28, 2024
512
Can a buyer complain to RERA if the seller doesn’t pay the advance rental as per the MOU?

1
Q: Dear Lawyers,
Can a buyer of a property in Dubai file a complaint with RERA if the seller is not paying the advance rental received from the tenant (on a pro-rata basis) as per the MOU in the event of the sale of the property?


Aug 15, 2024
89
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
1172
Laws & Regulations
1 available 1 • View allFederal 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
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