Question: I am planning to purchase a property in Dubai directly from the owner, who has promised to vacate the unit by the end of the year. If we agree on a move-out date, what happens if he decides to stay longer? We plan to move in by December and I don’t want any kind of hassles then. Please advise on how I can ensure he moves out by the agreed date. I also want to know what legal actions I can take if he refuses to move out as scheduled.
Answer: When buying a property in Dubai, the Sale Purchase Agreement (SPA) between the buyer and seller should include a clear clause regarding the handover date and the seller’s commitment to vacate the property by that date. This ensures that both parties are aware of their obligations and timelines.
The handover date and the date by which the seller must vacate the property can be the same or different, depending on what is mutually agreed upon in the SPA. It is crucial that the SPA explicitly states these dates to avoid any confusion.
Under Article 246(1) of Federal Law No. (5) of 1985, which concerns the issuance of the Civil Transactions Law of the UAE, contracts must be executed according to their provisions and in good faith. If a seller fails to vacate the property as per the agreed terms, you can seek enforcement of the SPA through the courts.
If the seller breaches the contract by not moving out as scheduled, you have the right to take legal action. The court can enforce the contract and may also award damages or compensation as per Article 295 of the UAE Civil Transactions Law, which allows for monetary compensation or restoration to the original status.
To protect your interests, ensure the SPA is detailed, including the move-out date, and have it reviewed by a legal professional. This will help you address any potential issues and seek legal remedies if the seller does not comply with the terms.
Source : khaleejtimes.com
