A Guide for Dubai Property Buyers – What can the buyer do to ensure that the seller moves out by the agreed-upon date?

A complete guide for the Property Buyers who are going to buy a property in Dubai – What can the buyer do to ensure that the seller moves out by the agreed-upon date?

When purchasing property in Dubai, ensuring that the seller vacates the property by the agreed-upon date is crucial for a hassle-free move-in. This blog will guide you on how to safeguard your interests, enforce the Sale Purchase Agreement (SPA), and take legal action if necessary.

Key Considerations for Dubai Property Buyers:

• Sale Purchase Agreement (SPA): The SPA is the cornerstone of any real estate transaction in Dubai. It’s vital to include a specific clause that outlines the exact handover date and the date by which the seller must vacate the property. This ensures both parties are clear about their obligations.
• Mutual Agreement on Dates: The SPA should clearly distinguish between the handover date and the vacate date if they differ. Whether the seller is required to move out on the handover date or a later agreed-upon date, it should be explicitly stated in the contract.
• Good Faith in Contracts: According to Article 246(1) of Federal Law No. (5) of 1985, all contracts in the UAE, including SPAs, must be executed in good faith. Both parties are legally obligated to adhere to the terms and conditions mutually agreed upon.
• Legal Enforcement: If the seller fails to vacate the property as agreed, you can enforce the SPA by approaching the Dubai courts. The court can compel the seller to fulfill their obligations under the SPA. If the seller still refuses to move out, the court’s judgment can be enforced as if it were a binding contract, under Article 147 of the Civil Transaction Law.
• Compensation for Breach: If the seller breaches any terms of the SPA, including failing to vacate the property, you may be entitled to compensation. Article 295 of the UAE Civil Transactions Law allows for damages to be awarded, either as a monetary payment or as specific performance, depending on the circumstances.
• Importance of Legal Review: To protect your interests, it’s advisable to have the SPA reviewed and vetted by a legal professional before finalizing the purchase. This step ensures that all clauses are clear, enforceable, and tailored to your specific needs.

Conclusion:

“When buying property in Dubai, ensuring the seller vacates on time is vital to avoid any disruptions to your plans. By including clear terms in the SPA and being prepared to enforce them legally, you can secure your investment and enjoy a smooth move-in experience. Always consult a legal professional to ensure all terms are clearly defined and enforceable, giving you peace of mind in your property transaction.”