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Dubai, UAE

Is it legal to give a 10% deposit cheque to an agent before signing Form F?

Hello,

I'm about to buy a property in Dubai on the secondary market and have some questions. The agent sent me a link to the Real Estate Brokerage Contract with the following note:

A 10% deposit cheque will be given to our agency under the seller's name for the XX apartment. It is non-transferable without consent from both parties and will be returned only by judicial order in case of a dispute.

Is it legal to hand over a physical deposit cheque to the agent under the owner’s name before signing Form F, with the mentioned note?

If I give this cheque before signing Form F, will I get it back if I change my mind? My rights are not protected here if the owner changes his mind before signing Form F.

I tried to verify the title deed ownership on the DLD site, but it shows "Records not found."

The agent said this happens sometimes because the owner didn't update their details two years ago when they bought the property, and everything will be validated at the trustee office.

Is this correct, or should I insist on updating the details to see validation on the DLD site?

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Alawi Aljaberi Advocates & Legal Consultants
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20 Aug 2024, 04:41

Dear Questioner,

1. It is not recommended to hand over a physical deposit cheque to the agent before signing Form F.

This is because the Form F is a legally binding document that outlines the terms and conditions of the sale, including the deposit amount and how it will be handled.

If you give the cheque before signing the Form F, you may not have any legal protection if the owner changes their mind or if there is a dispute. It is best to wait until the Form F is signed before handing over any deposit.

2. It is important to verify the ownership of the property before making any payments or signing any contracts.

If the DLD website shows that the records are not found, it is best to insist on updating the details to ensure that the property is legally owned by the seller.

This will help protect your rights as a buyer and ensure that the transaction is legitimate. You can also request a copy of the title deed from the seller or the agent to verify the ownership.

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London Center for Legal Consultancy Office
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20 Aug 2024, 05:49

Greetings,

You must sign Form F first to preserve your rights.

For further inquiries about your topic, you can visit our office or contact us via phone, WhatsApp, or email.

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Ibrahim Al Banna Advocates & Legal Consultants
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20 Aug 2024, 07:21

Dear Questioner,

Thank you for reaching out with your questions regarding your upcoming property purchase in Dubai. Let me address each of your concerns:

- Deposit Cheque Before Signing Form F:

It is indeed legal to provide a deposit cheque; however, doing so before signing Form F (the Sale and Purchase Agreement) can expose you to risks.

The note about the cheque being non-transferable without consent from both parties means that your ability to retrieve the cheque is restricted unless both parties agree, or a judicial order is issued.

If you change your mind before signing Form F, getting the cheque back may not be straightforward, and your rights could be compromised, especially if the seller decides not to proceed.

I strongly advise that you only hand over the cheque once all parties have signed Form F, thereby protecting your interests.

- Title Deed Verification:

It is crucial that the title deed is up-to-date and can be verified on the Dubai Land Department (DLD) website.

The agent’s explanation that the owner hasn't updated their details could be valid, but it does raise concerns.

You should insist on having the owner update their details with the DLD before proceeding. This step ensures that the ownership is correctly reflected in official records, giving you peace of mind and confirming the legitimacy of the sale.

These steps are critical in safeguarding your investment. If you would like more detailed guidance or assistance with the legal aspects of your purchase, I would be happy to help.

Feel free to reach out to me via WhatsApp or phone at [-------] to discuss further.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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21 Aug 2024, 07:18

Dear Questioner,

You can issue a check at any time, and if the check is related to the agreement as a guarantee, it is better to state the agreement or include a written clause from the agreement on the check if it is issued as proof of the guarantee.

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Maryam Alyassi Advocates and Legal Consultants
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21 Aug 2024, 09:29

Hello,

As per your query, please note that you might not give a copy of the cheque. Also, we need to check the mode of payment (whether it’s a mortgage or cash).

If the title is not available, it means the property payment is still due and has not been handed over to the owner.

Please be careful before purchasing the property. For more information, please contact us via phone, WhatsApp, or email.

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