Questions & Answers
Questions & Answers
4 available 4 • View allIs 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
Can we nullify the MoU if the property isn't vacated by a specific date?




3
Q: Dear Sir/Madam,
I am interested in buying a property that is currently tenanted. The agent has insisted that the tenant will vacate the property in two months; however, the current owner has not served any notice to the tenant.
Is there an agreement we can ask the tenant to sign before we agree to buy the property, such as an undertaking in front of a magistrate?
Can we include this in the MoU so that if the property is not vacated by a certain date, the MoU stands nullified?





+4
Jan 25, 2024
129
What can I do with the property seller who failed to do the transfer as per the MOU?



3
Q: Hello,
I signed a contract Form F with the seller through an agent on 1st Aug 2023. He was supposed to finish the transfer on 16th October but he did not do the transfer.
The property was 90% completed at the time of making the contract and he assured us that in one month he would finish the property. I sent him the legal notice on 16th Oct 2023 which is the last date of the MOU.
After the date of expiry of the contract, he is demanding more money. We agreed verbally on the new price but still, he avoids making a new MOU.
He puts all the clauses in his favor removing the main clause that if he backs out, there will be no penalty.




Nov 23, 2023
257
Bought a "Vacant on Transfer" property, but the seller won’t leave. What can I do?




2
Q: Hello,
I recently bought a property in Dubai with a "Vacant on Transfer" agreement, but the seller is still living in it after the transfer.
What legal steps can I take to enforce eviction and claim compensation?





+5
Feb 18, 2025
78
Laws & Regulations
4 available 4 • 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
148387
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.
Nov 26, 2007
24294
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
Dec 1, 2008
24963
Decree No. (43) of 2013 Determining Rent Increases for Real Property in the Emirate of Dubai 9
This Decree determines the maximum percentage of rent increase for real property in the Emirate of Dubai when renewing lease contracts.
Dec 18, 2013
13244

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