Questions & Answers
Questions & Answers
3 available 3 • View allHow to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan?




2
Q: Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.





+3
Feb 8, 2024
648
If I wait until the MoU expires, will the apartment purchase auto-cancel?


1
Q: Hello, Legal Advice Middle East
I am writing to seek your advice on my ongoing process of buying an apartment in Dubai Marina. I have signed an MoU with the seller, it is valid until 21 May 2024.
I have done the valuation process but the result was not reaching the selling price at all so I couldn't proceed with the mortgage. In good faith, I was seeking another way and was willing to conduct a 2nd valuation and pay for it again, and still, the result came out unfavorably again for the 2nd valuation.
This means I cannot get the mortgage from the bank at 80% of what I am hoping for. Therefore, I would like to ask the seller to either sell the apartment to me at the valued rate or cancel the MoU altogether and not proceed with the sale.
My questions: Can I just wait for the MoU to expire on 21 May without doing anything?
Would this cancel the MoU automatically if it's reached expiration?
Can the seller sue me and get the 10% deposit cheque amount?
What would you suggest I do in this case?



Apr 26, 2024
539
Can the buyer get the security deposit if backs out in a property purchase MOU?

3
Q: Hi,
What if the buyer backs out in the purchase of a property after the internal MOU drafted by the seller was signed?
There was a clause stating the security deposit will be returned upon full payment. Form F from the DLD was not yet signed.
In this case, can we still get the 10% security deposit or not?


Nov 8, 2022
1703
Laws & Regulations
4 available 4 • View allBylaw No. (85) of 2006 Regulating the Real Estate Brokers Register in the Emirate of Dubai 4
This Bylaw regulates the Real Estate Brokers Register in the Emirate of Dubai. No person may engage in real estate brokerage activities in Dubai unless he is licensed by the competent entities and entered in the register, which is maintained by Dubai Land Department.
May 30, 2006
4933
Federal 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
148514
Law No. (9) of 2009 Amending Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 2
The provisions of this Law supersede articles (2) and (11) of Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai.
Apr 12, 2009
3134
Law No. (13) of 2008 Regulating the Interim Property Register in the Emirate of Dubai 1
This Law establishes interim property register in which sale contracts, off-plan sales, and other off-plan legal dispositions of real property are registered prior to inclusion in the property register maintained by Dubai Land Department.
Aug 14, 2008
4847

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After 11 months of work, how many leave days is an employee entitled to? 0
Hello,
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What can I do if I got a judgment in absentia for selling medicine without a license? 0
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I got an order of 6 months imprisonment and deportation for a judgment in absentia by the Sharjah court for selling medicine without a license. I was not involved in the case directly; my friend used my car, and he had my bank card.
They made a confession that they were working for me and made a false claim that they had transferred money to me. As I am outside the country, I came to the UAE to solve my case.
I got detained at the airport, and the CID asked me some questions. I mentioned they didn’t transfer me a single Dihram, so he let me go, as the case was already open for appeal.
In the first instance court, they gave me the same verdict, then I appealed and attached documents like bank statements and my company details, which were not mentioned before.
They gave a date for the judgment, but it was not issued, and they gave the next date. I have been suffering a lot for the last 3 months here in the UAE and for 6 months back home.
So my question is that what will happen next?
Will the case be open for retrial, and will the CID be convinced by my logic?
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Can I keep my daughter's physical Emirates ID if the custodian already has the digital copy? 0
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What legal action can a company take to recover an amount from a non-paying customer? 0
Hello,
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1. What legal action can we take to recover the amount?
2. What documents should we have ready (e.g., delivery notes, invoice, emails)?
3. How long does the legal process typically take in the UAE for such cases?
4. Is there a recommended timeline or deadline after which legal steps should be initiated?
Thank you in advance for your advice!
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43
Is it possible to change jobs and process visa while facing a police case and a travel ban? 0
Hello,
My husband has a police case now and a travel ban, and is still waiting for trial with the prosecutor.
Is it possible for him to transfer to a new employer within the country?
Will he be able to process his visa?
Apr 24, 2025
69
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