Questions & Answers
Questions & Answers
5 available 5 • 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
783
The right of a property seller to sue the buyer and broker for presenting forged documents


1
Q: Hello,
I had recently signed a sale contract of my property through a broker in Dubai. The broker was supposed to have the deposit 10% cheques.
When I had asked for a copy of the deposit cheques, I realized it was from a third party.
Doing a background check of the third party company, I discovered that the third-party company had an expired trade license (they provided valid dates on trade license, meaning government trade license document was forged) and now the sales agreement dates are coming to an end; I don't have managers cheques nor valid deposit cheques.
The only documents I have are deposit cheques from a third party, letter of assurance from the third party company (with forged copy-pasted signature and no stamp, forged trade license of the third-party company).
What can I do?



Aug 26, 2021
813
Can the buyer get the security deposit if backs out in a property purchase MOU?

3
Q: Hi,
What if the buyer backs out in the purchase of a property after the internal MOU drafted by the seller was signed?
There was a clause stating the security deposit will be returned upon full payment. Form F from the DLD was not yet signed.
In this case, can we still get the 10% security deposit or not?


Nov 8, 2022
1702
Is it legal to give a 10% deposit cheque to an agent before signing Form F?




1
Q: Hello,
I'm about to buy a property in Dubai on the secondary market and have some questions. The agent sent me a link to the Real Estate Brokerage Contract with the following note:
A 10% deposit cheque will be given to our agency under the seller's name for the XX apartment. It is non-transferable without consent from both parties and will be returned only by judicial order in case of a dispute.
Is it legal to hand over a physical deposit cheque to the agent under the owner’s name before signing Form F, with the mentioned note?
If I give this cheque before signing Form F, will I get it back if I change my mind? My rights are not protected here if the owner changes his mind before signing Form F.
I tried to verify the title deed ownership on the DLD site, but it shows "Records not found."
The agent said this happens sometimes because the owner didn't update their details two years ago when they bought the property, and everything will be validated at the trustee office.
Is this correct, or should I insist on updating the details to see validation on the DLD site?





Aug 21, 2024
804
I secured a mortgage from the bank and the broker kept delaying until the MOU expired. What to do?




0
Q: Hi,
I need some guidance regarding a property transaction that is not progressing as expected.
My broker initiated a manual Memorandum of Understanding (MOU) between me (the Buyer) and the Seller, with an expiry date of 01/02/2025. Within this period, I successfully arranged the bank mortgage, property evaluation, and NOC.
However, the broker started giving excuses, such as the seller being hospitalized. Later, the broker attempted to arrange a Power of Attorney (POA).
However, after that, they started ignoring my messages and calls. It now seems like they no longer intend to proceed with me, and the MOU has already expired.
Meanwhile, my bank EMI has already started, and I have paid two monthly installments. The broker is still unresponsive. I have raised multiple complaints through DLD RVS against the broker, but the response has been very slow and unsatisfactory.
I’m feeling stuck and financially burdened.
Please advise





+1
Apr 9, 2025
131
Legal blog
1 available 1 • View allOnline POA and Other Notary Public Services in the UAE 28
With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.
Jun 8, 2021
19233
Laws & Regulations
3 available 3 • 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
4932
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
148513
Decree 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
896

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