Questions & Answers
Questions & Answers
3 available 3 • View allRight of the seller to claim the deposit from the buyer for breaching the MOU



5
Q: Hello,
I have signed an MOU where the buyer failed to complete the transaction as per the date of transfer plus the extension. Thus, the MOU expired. I have requested from the agency the 10% deposit cheque signed by the buyer.
They refused to give it to me and requested an extension without any penalties or price increase despite the market appreciation by 10%. What can I do to get the cheque legally from them?
I am already in a big issue because I already bought a bigger unit having in mind that my unit is sold. They are asking for an MOU extension but the prices went up and I request the fair price as per the market and they are refusing to pay the increase.
Appreciate it if somebody can provide me with feedback on these two points:
1- Can the agency hold the cheque and not give it to me? Aren't they violating the law here?
2- What can be done in this case and what would the next steps be?
Thanks in advance,
Regards,




Apr 4, 2021
2651
Precautions while signing a property purchase MOU via POA and giving cheque


2
Q: I am going to buy a property through an agent in a registered company.
Just before signing an MOU and giving a 10% cheque, we came to know that the owner is not here and the stated name in the MOU is the holder of POA (power of attorney).
What should I do in this situation? With whom to sign the MOU and under whose name is the cheque to be given?
They put the name of the POA holder but the title deed has the name of the owner.
Should we ask for POA and get it verified? How to verify it?



Dec 8, 2021
1318
Is it legal to give a 10% deposit cheque to an agent before signing Form F?




1
Q: 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?





Aug 21, 2024
942
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
148646

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