I have Form F for apartment which caught fire and the broker refused to return the deposit. What to do?

Hello

As per your query, please note that the Force Majeure clause is generally not there in Form F.

First, you have to send a legal notice or take this to court.

Please contact us by email or call.

Thank you for reaching out.

Even if your Form F contract does not include a “Force Majeure” clause, UAE Civil Law applies by default.

If the apartment is severely damaged or unfit for use, this qualifies as a force majeure, and you have the legal right to:

- Request termination of the contract, and

- Claim a full refund of your deposit without penalty.

The seller and broker cannot legally withhold your deposit under such circumstances. You can file a case with the Dubai Land Department – Legal Affairs or RDC (Real Estate Disputes Center).

Please share your WhatsApp number so we can help you file an urgent complaint and recover your deposit through proper legal channels.

Dear questioner

You are correct that the absence of a Force Majeure clause in the contract does not necessarily negate the application of Force Majeure principles under UAE law.

This is typically a pre-sale agreement or MOU used in Dubai's real estate market. It outlines the terms of the sale before the final transfer at the Dubai Land Department (DLD). It's legally binding.

A "huge fire" in the building where the apartment is located strongly suggests that the performance of the contract has become impossible or at least fundamentally altered from what was agreed.

We need to file a complaint with the RERA for the refund of the security.

If you need our assistance, kindly share your WhatsApp number.

Hello dear inquirer.

In this case, you can file a lawsuit demanding the termination of the contract and the refund of the deposit.

According to the UAE Civil Transactions Law, if the fire constitutes a Force Majeure event making contract performance impossible, the buyer has the right to cancel the contract and recover the deposit without penalty, even if not explicitly stated in the contract.

Our firm specializes in real estate disputes and sales issues. We recommend contacting us via WhatsApp to review your documents and assist you legally in reclaiming your rights and dealing with the broker and seller.

This depends on the Civil Defense report, as this falls under Force Majeure, which requires termination by force of law.

Therefore, contact us on the phone so we can assist you.

Thank you for reaching out.

I understand you have a signed Form F for an apartment in [-----] which was recently damaged by a major fire, and that the seller is refusing to cancel the deal while their broker is withholding your deposit.

Even if the contract itself doesn't mention Force Majeure, UAE law recognizes that in the event of unexpected incidents like a fire that make the subject matter unusable or unfit, a party may be released from their obligations without penalty.

In your case, the property's condition after the fire could justify termination of the agreement, and you may be entitled to a full refund of your deposit.

However, to enforce this properly and protect your interests, we would need to take prompt legal steps, either through a formal legal notice or a claim with the appropriate authorities.

Please reach out to me on WhatsApp or call me so I can review your Form F and guide you on the best way to recover your deposit and close this matter swiftly.