Questions & Answers
Questions & Answers
4 available 4 • View allWe signed MOU to purchase a house on a mortgage and it got delayed. Can the seller ask for compensation?




0
Q: Hello to all.
We are purchasing a house with a home loan.
We signed the MOU on 31/10 and unfortunately, it took the bank approximately 2 months to complete the whole process.
Now the MOU has already expired and the seller is asking for an additional 10% security deposit as compensation for the delay.
It is not our fault as we don't have control over the bank approvals. Can they do that?
Are we protected from DLD in this matter as the property is under mortgage?
Thank you





+1
Jan 6, 2025
133
What if the broker didn't collect the deposit cheque, and the seller wants it?



2
Q: Dear Sir/Madam,
I have a question related to a real estate transaction in Dubai. One of my clients signed an MOU but couldn't complete the deal on time, and the MOU has now expired.
The owner wants to claim the deposit, but unfortunately, I did not collect the deposit cheque from the buyer; he only sent me a picture of the cheque at the time of completing the MOU.
So, my question is, what consequences might I face for not collecting the cheque from the buyer if the seller takes legal action to collect his 10% deposit?
What are the potential consequences I will have to deal with?
Thank you in advance!




Jan 16, 2024
515
I 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
915
Seller cleared mortgage late, bank declined disbursement - what to do?

1
Q: Dear all,
I am writing to you regarding a property sale breach of contract. I signed a Memorandum of Understanding (MOU) as the buyer of a mortgaged property in Dubai.
The purchase I am making is also through a mortgage. However, the seller only cleared the mortgage on the property he is selling to me after I received the final offer letter from the bank for the mortgage I applied for, based on the documents I submitted.
The seller signed the MOU to sell a mortgaged property and provided the documents to support this. However, my bank has declined the disbursement because the details have changed without prior notification or explanation.
In order to complete the transfer, I have to reapply for a mortgage. The seller has refused to extend the MOU, and a new title deed has to be issued according to the new details of the mortgage-free property.
How can I best deal with this situation, since the MOU has expired and everything was done on time from my side?
Thank you!


Aug 15, 2023
311
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
2 available 2 • 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
148513
Law No. (14) of 2008 Concerning Mortgages in the Emirate of Dubai 0
The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.
Aug 14, 2008
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