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
613
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
504
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
1645
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
4918
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
148362
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
3113
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
4823

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During the notice period, is an employee allowed to take sick leave? 0
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Can I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address? 0
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
Now, again, an arrest warrant is issued as I did not pay the remaining 335,000 of the claim.
According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
So I want to reopen the case file.
I want the court to reinvestigate and start the case from scratch.
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I booked a hotel stay for Eid through a travel agency and it was canceled two days before Eid. What to do? 0
I booked a hotel stay for Eid through a travel agency two weeks before Eid. The travel agency confirmed the booking on payment.
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They offered alternative hotels that didn’t match the original property. I suggested some properties, and they couldn’t arrange them, or they asked for further payment, so I didn’t book anything through them.
What are my rights to a refund and compensation, as I had to book other arrangements separately at a significantly higher cost due to the last-minute prices?
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If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
Is a travel ban automatically applied?
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View allI purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact? 0
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
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I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do? 0
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What to do if you get terminated and denied gratuity for a minor mistake? 0
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How can a person under a deportation grant a POA to a trusted person for managing his assets? 0
A person currently under a deportation order wishes to appoint a trusted person with Power of Attorney (POA) to manage their financial and legal matters, including access to their bank account and other obligations.
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Does it matter whether the cheque was issued to an individual or a company? 0
Hello,
What legal recourse is available in the UAE for a cheque bounce?
Does it matter whether the cheque was issued to an individual or a company?
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Jan 6, 2025
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View allIf a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
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Can I stay home if my boss doesn’t pay my salary on time? 0
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Can I stay home if my boss doesn’t pay my salary on time?
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Can I resign while my new visa is being processed before my first contract ends? 0
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My husband is taking a loan to get married again while my daughter and I live in a shared accommodation. What are my rights? 0
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Paid 10% for a Dubai freehold flat but can't proceed. Can I get a refund without signing the SPA? 0
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Max deduction for severance pay due to damage/negligence in UAE 0
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ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
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رفض طلب الاسترحام بعد صدور قانون جديد بإلغاء الإبعاد للمتعاطي أول مرة. ما الحل؟ 0
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View allCan I petition for immediate eviction due to tenant violations and refusal to vacate after notice? 0
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How can I exit a partnership linked to an expired license and accumulating fines? 0
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Can I close my LLC company and pay off all my debts and liabilities if the the license is expired? 0
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View allقررت المحكمة ندب خبير وحددت أمانة الخبرة. في حالة تنازل المدعي عن الدعوى، هل يترتب عليه شيء؟ 0
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Unpaid agency commission without a signed agreement. Can email proof hold up in court? 0
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Can the real estate company ask for 10% rent increase if the RERA rental index does not allow it? 0
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Can the owner of a company escape if there is a cheque execution and travel ban on him? 0
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
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Does he have any option to avoid payment?
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Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
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In EMARATAX, must two licenses for the same activity in different emirates register separately? 0
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Can a developer demand extra payment for a 30% size increase after handover? 0
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After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
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View allHow can I cancel my current visa immediately without serving notice? 0
Hello,
I got an offer letter from another company. I want the immediate cancellation paper before 20th April.
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Apr 4, 2025
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During the notice period, is an employee allowed to take sick leave? 0
Hello,
During the notice period, is an employee allowed to take sick leave? If not, can the employer deduct the sick leave from the employee’s end-of-service benefits?
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I booked a hotel stay for Eid through a travel agency and it was canceled two days before Eid. What to do? 0
I booked a hotel stay for Eid through a travel agency two weeks before Eid. The travel agency confirmed the booking on payment.
One day before Eid, the agency reached out, saying they had an issue with the supplier/hotel and the booking would be cancelled.
They offered alternative hotels that didn’t match the original property. I suggested some properties, and they couldn’t arrange them, or they asked for further payment, so I didn’t book anything through them.
What are my rights to a refund and compensation, as I had to book other arrangements separately at a significantly higher cost due to the last-minute prices?
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Apr 4, 2025
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If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
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Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
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How can I file a counter-complaint for a false public cursing accusation? 0
Hello,
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702 702 answers •
View allCan I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address? 0
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
Now, again, an arrest warrant is issued as I did not pay the remaining 335,000 of the claim.
According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
So I want to reopen the case file.
I want the court to reinvestigate and start the case from scratch.
1) How can I make that request?
2) What documents are required?
3) Chances of reopening of case?
4) Cancellation of arrest warrant
Please guide me in detail, as I will do everything myself, as I cannot afford a lawyer right now.
Apr 4, 2025
72
If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
Is a travel ban automatically applied?
I looked on the Dubai Courts website, and it says the judge has issued a “reserved” order for my case.
Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
If there is a travel ban, how do I find out?
I have checked the Dubai police app, and there are no financial crimes against me.
Please advise if you know.
Apr 4, 2025
144
Can a person with a UAE criminal case travel to another GCC country on a work visa? 0
Hello,
If a person has a criminal case in the UAE, can he or she travel to any other GCC country on a work visa?
Apr 7, 2025
171
Can a Pakistani expat register a second marriage in the UAE without disclosing the first? 0
Hello,
I want to know the UAE rules regarding second marriage for expats. I am a Pakistani national and already have a wife back in my home country.
Now, I want to do a second marriage in the UAE with a Moroccan girl. Can you please let me know the procedure involved?
Can I get my marriage registered in the UAE? Is it mandatory to disclose the first marriage? I am on an employment visa in Dubai.
Apr 7, 2025
133
My husband and I are Canadian Muslims and he passed away in the UAE. How to open an inheritance case? 0
Hi there,
My husband and I are Muslims. My husband passed away recently.
We have a Canadian will, but I understand that it won’t be honored as I am named the sole beneficiary, and that does not align with Sharia laws in the UAE. He was not a UAE resident but had a small apartment with no Will in the UAE.
We have 3 children. I am planning to go to Dubai to start an inheritance case. I don’t know the exact order of events and what needs to be done first.
1) Do I initiate anything from overseas before making travel plans to Dubai, or do I start once I arrive in Dubai?
Mind you, we cannot afford to stay in Dubai for too long, as the kids have school.
2) Do I need a lawyer, or can this be done by myself?
3) I understand all foreign documents need to be authenticated before presenting them to the court. But I don’t know at what stage I would need these documents authenticated.
I would appreciate it if you could provide a breakdown of the steps, the forms that are needed, and where I can find them.
Thank you
Mar 27, 2025
60
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