Questions & Answers
Questions & Answers
3 available 3 • View allThe 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 Or due to new rules, it is no longer valid and we made a mistake?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
1399
Is the property seller liable to pay penalty for not fulfilling the obligations of MoU?

4
Q: Hello,
We have signed an MOU in Dubai to purchase a property. The property is under 3 names (Mother, and her two sons, both minors).
The MOU has been signed by the mother 3 times (as co-owner, and then as a legal guardian of her two kids).
She then went to court to ask the judge for authorization to proceed with the sale for her kids. Should this have been done prior to signing the MOU?
The case has been rejected by the judge since there was no specific clause/condition in the MOU for obtaining approval from the judge.
Is the seller, at least the mother, liable for the penalty of not being able to complete the transfer due to her own actions as stipulated in the MOU (10%)?
Thanks a lot.


Oct 17, 2022
798
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
891
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
148394

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