Q: Dear all, I am writing to you regarding a property sale breach of contract. I signed a Memorandum of Understanding (MOU) as the buyer of a mortgaged property in Dubai. The purchase I am making is also through a mortgage. However, the seller only cleared the mortgage on the property he is selling to me after I received the final offer letter from the bank for the mortgage I applied for, based on the documents I submitted. The seller signed the MOU to sell a mortgaged property and provided the documents to support this. However, my bank has declined the disbursement because the details have changed without prior notification or explanation. In order to complete the transfer, I have to reapply for a mortgage. The seller has refused to extend the MOU, and a new title deed has to be issued according to the new details of the mortgage-free property. How can I best deal with this situation, since the MOU has expired and everything was done on time from my side? Thank you!

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

Q: Dear Sir, Please be informed that I contacted one of the real estate agents in Sep 2022 for a purchase of an apartment in Abu Dhabi. MOU signed with seller/agents in Oct 2022. The subject apartment was under lease and a tenant was staying there. I contacted my bank for a mortgage and the bank requested access permission for valuation. However, the agents informed me that the tenant is out of the country. And later once the tenant was back in the country, I requested agents for further permission. After multiple tries, the tenant provided the bank with access for valuation. I had no direct contact with the owner/seller. I paid the bank valuation fee. Once approval came from the bank, I informed the agent. I got a reply that the seller does not wish to proceed with the MOU. Then requested agents to return the agency commission fee, which I paid at the time of signing the MOU. Ever since I am behind the agency to return my amount. However, agents have not yet returned the amount to date. Appreciate your necessary legal advice. Thank you. Regards T.

Q: I made an offer and signed Form F for a property purchase. My decision was based on the property assessment as an End Unit and its capacity to extend the living room to my requirements. The two agents (buyer and seller both from the same agency) confirmed that a living room extension was possible at a fee payable to Emaar. I was ok with the fee. I made an offer based on this information and signed the Form "F" prepared by the agents. Later upon receiving the CAD drawings, it was noted that Emaar would not give NOC as the living room walls were structural. I am an end user and I can't accept this unit for the rest of my life as it doesn't meet my needs. I want to get out of this Form "F" as my agent misled me (doesn't matter if intentionally or unintentionally). The problem is agent is rewarded 2% for misleading me and I am facing a penalty of 10%. it is only 3 weeks into the deal and 5 weeks till signature. Can I get out of this legally and agent find a new buyer for the seller?

Q: Hi, After we signed an MOU to purchase an apartment, the landlord added another requirement (not listed in the MOU) that we should allow the current tenants to stay in the apartment until September, when their lease agreement finishes in March. I have two questions: Can I back out of the MOU (the owner has not signed yet) based on this unforeseen condition? If the owner signs the MOU, can I send a letter to evacuate to the tenants as an intended landlord? Thanks

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.

The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.