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The seller did not proceed with the transaction. Can the buyer claim the 10% fine?

Dear Sir/Madam,

Form F was signed between the seller and the buyer; however, the seller did not proceed with the transaction, resulting in its failure.

The contract stipulates that if the seller breaches the deal without reason, they are obliged to pay a fine of 10%.

Can I, as the buyer, take legal action?

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KHE Legal Consultancy
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27 May 2024, 04:44

Hello dear questioner,

Yes, you can demand the penalty clause stipulated in the contract if one of the parties breaches the obligation towards the other party.

For further clarification, please share your WhatsApp number.

27 May 2024, 05:14

My phone number is [----------].

27 May 2024, 05:58

Our team will contact you shortly.

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Nasser Yousuf AlKhamis Advocates & Legal Consultants
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27 May 2024, 05:24

Dear Questioner,

Yes, if the seller has failed to perform his obligations, then you can file a case against him and claim 10%.

Please contact me at [------] for detailed discussion and assistance.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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27 May 2024, 05:50

Dear Questioner,

If there is a violation by the seller of the terms of the contract, you can file a lawsuit to cancel the contract and receive the amount.

27 May 2024, 06:12

My phone number is [----------].

27 May 2024, 06:20

You can contact us via email at [----------] or call our offices in Dubai at [----------] or Sharjah at [----------].

Jasim Al Haddad Law Firm

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Middle East Legal Consultants
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27 May 2024, 05:55

Dear Questioner,

Yes, you can send him a legal notice to pay you the fine within 7 days, and if he refuses, you can file the case in court, provided there are no other conditions in the agreement preventing that.

For any legal help, kindly contact me via phone at [----------].

27 May 2024, 06:11

My phone number is [----------].

27 May 2024, 06:11

Thank you!

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Lex Resolvo Consultancy
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27 May 2024, 07:02

Hi,

You could go to court to enforce the fine; however, it would be in your best interest and save you a lot of time if you were to try to settle this. The court will also recommend that you do so.

Assuming that you want to get out of the contract since the seller did not uphold his obligations, you would probably wish to recover your deposit amount as well as the penalty imposed as per the agreement.

Before we give you firm legal advice, we need to inspect the contract in detail and ensure that the seller has indeed defaulted. This is to ensure that a hidden clause does not take us by surprise later on.

Have you tried reaching out to him? Was there any communication leading up to the transfer date? How much money have you deposited in good faith for this transaction to take place? Who holds this money?

We recommend that you send him a notarised legal notice. The court would deem him to have received your request for a refund and the penalty if you were to do so.

It would also strengthen your legal position if this issue was to be escalated to litigation.

You should contact us on WhatsApp and send your contract so that we can inspect it in detail. We can also draft a legal notice and ensure that it is notarized.

Should this issue go further, we would still be able to help you as we are permitted to bring proceedings in the courts of law in the UAE.

28 May 2024, 11:35
Thank you!
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Al Hajeya Alnoobi Advocates and Legal Consultants
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27 May 2024, 07:50

Hello,

Thank you for your inquiry regarding the breach of contract by the seller!

According to the law, a contract is binding to its terms and conditions unless it contradicts the law. Typically, Form F includes a clause that the seller must refund the deposit and pay an equivalent amount as a penalty if they fail to fulfill their obligations.

You certainly have the right to go to court and file a case. We have successfully handled similar cases in the past.

To provide you with accurate advice and assistance, please send us a copy of the contract and any related correspondence between you and the seller via email.

We look forward to assisting you further.

Laila Hamza Al Mulla Advocates and Legal Consultants
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27 May 2024, 13:01

Dear questioner,

Yes, there are high chances of obtaining compensation if you have efficiently followed the procedures to file a complaint.

If you need our assistance in obtaining your compensation amount for this breach of the MOU by the seller, please share your WhatsApp number.

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Ibrahim Al Banna Advocates & Legal Consultants
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28 May 2024, 14:36

Thank you for reaching out with your question regarding the breach of contract involving Form F!

Based on the details you provided, it appears that the seller has violated the terms of the agreement by not proceeding with the transaction, and the contract stipulates a 10% penalty for such a breach.

As a buyer, you do have the right to seek legal recourse to enforce the contract and claim the stipulated penalty.

I can assist you in evaluating the specifics of your case, advising you on the best legal strategy, and representing you in court if necessary.

To discuss your situation in more detail and explore how I can support you, please feel free to reach out to me directly via WhatsApp or phone at [--------].

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