Questions & Answers
Questions & Answers
3 available 3 • View allI have signed Form F and got the mortgage but the seller is in breach. What to do?




1
Q: Hi
I have signed the MOU Form F since July 2023 and we prepared all the papers and the loan from my end on 23/8/2023.
When I went to DLD for the transfer, the seller had registration issues and asked for some papers to be provided as the property is under the company not an individual.
Since that time, we have kept renewing the MOU every month in the hope of finalizing but I am not seeing any progress.
So I am asking about legal action as I already got a bank mortgage and started paying as well but not seeing any progress from the seller.
So I need to ask the following:
1. If my MOU expired on 20.11.2023, can I file a complaint on 20 or after a couple of days like 23?
2. What will happen in terms of 10%? Will it be returned and what about the fees paid to the bank like mortgage fees, evaluation, and cancellation of loan? Will the EMI payment be compensated by the seller?
3. What is your advice?
Thanks





Nov 16, 2023
889
Is 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
796
Can I claim compensation from the property seller if he fails to provide documents before it expires?

0
Q: I signed an MOU for buying a property that is already evaluated and the mortgage paperwork was started by the bank.
The seller found excuses for health issues to fulfill the signing required liability letter and buyout documents. The MOU will expire on 23/03/2024.
I will request the seller to extend the MOU due to being non-collaborative in providing the documents.
"Should this agreement be determined for a non-performance or negligence of any terms of this agreement by the seller, or for any reason attributable to the seller, the seller understands and agrees that the buyer has the right to obtain the security deposit amount.
The buyer shall not be entitled to take any further recourse against the seller for any compensation of damages/losses that exceed this amount. The seller shall deliver copies of the SPA, floor plan, statement of service charges, and Title Deed. "
If the seller refuses to extend the MOU, do I have any right to claim any compensation due to increased pricing on the market?
T.


Mar 13, 2024
104
Legal blog
1 available 1 • View allContracts 101: Official Agreements to WhatsApp Messages 2
An interview-format article covering the topic of contracts in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 3, 2021
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Laws & Regulations
1 available 1 • 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
148372

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