Questions & Answers
Questions & Answers
4 available 4 • View allRefund of a deposit paid by the buyer of a real estate property
2
Q: Hi,
I had signed an MOU to buy an apartment. I had the following clause in the MOU:
"This sale purchase contract is subject to the final approval from the Buyers Banks"
My mortgage has been rejected by one bank. While I was processing my mortgage with another bank the MOU expired and the seller is not willing to extend the MOU. Can I claim my deposit check back from the agent?
Thanks,
Dinesh

Jul 18, 2017
5330
Getting the deposit cheque back upon bank refusal and MOU expiry
5
Q: Hi,
I had signed MOU to pay for a property, but my bank does not approve the loan. The MOU got expired. Now the owner asks the agent to give him my deposit cheque.
In the MOU, it is mentioned that the MOU is valid for 45 days and it is subject to bank approval. If there is any rejection from the bank, this MOU will be null and void.
In this condition, can I get my deposit cheque back?

Apr 7, 2022
1144
I 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
938
Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property




1
Q: Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.





+5
Sep 16, 2024
315
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
4953
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
148610

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