When purchasing property in Dubai, ensuring that the seller vacates on the agreed date is crucial to avoid any disruptions to your move-in plans. Understanding your legal rights and incorporating clear terms in the Sale Purchase Agreement (SPA) can help protect your interests and ensure a smooth handover.
Question: I'm planning to buy a property in Dubai directly from the owner, who has promised to vacate 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 want to avoid any hassles. How can I ensure he moves out on the agreed date, and what legal actions can I take if he refuses to vacate as scheduled?
Answer: When purchasing property in Dubai, both the buyer and seller sign a Sale Purchase Agreement (SPA), which is crucial in outlining the terms, including the handover and vacate dates. To ensure the seller vacates the property on time, it is essential to include a clear clause in the SPA that specifies the exact date by which the seller must vacate.
The SPA governs the relationship between the buyer and seller, obligating both parties to fulfill their responsibilities in good faith. According to Article 246(1) of Federal Law No. (5) of 1985 (the UAE Civil Transactions Law), contracts must be implemented according to their terms, consistent with good faith.
If the seller fails to vacate the property as agreed, you have the right to enforce the SPA through the Dubai courts. The court can compel the seller to fulfill their contractual obligations, and you may also be entitled to compensation for any losses incurred due to the breach. This is supported by Article 147 of the Civil Transactions Law, which states that a court judgment enforcing a contract is as binding as the contract itself.
Additionally, if a breach occurs, compensation may be awarded either as specified in the contract or as decided by the court under Article 295 of the UAE Civil Transactions Law. This compensation can be monetary or involve restoring the parties to their original positions or performing specific actions related to the breach.
To protect your interests, it's advisable to have the SPA reviewed by a legal professional before finalizing the agreement. This ensures that the terms are clear and enforceable, providing you with legal recourse should the seller fail to vacate the property as agreed.
News Source: Khaleej Times
