When planning to buy a property in Dubai directly from the owner, who has committed to vacating the unit by year-end, it's crucial to consider what happens if the seller decides to stay beyond the agreed move-out date. If you're aiming to move in by December and wish to avoid any complications, it's essential to understand how to ensure the seller adheres to the agreed date and the legal steps you can take if they don't.
In Dubai, the sale of a property involves signing a Sale Purchase Agreement (SPA), which should include a clause specifying the handover date and the seller's vacating date. These dates can be the same or different, based on a mutual written agreement that aligns with the SPA's terms and conditions. The seller is legally bound to vacate by the date stipulated in the SPA.
The relationship between buyer and seller is regulated by the SPA, and both parties must fulfill their obligations in good faith, as outlined in Article 246(1) of the UAE's Civil Transactions Law. If a party fails to meet their contractual obligations and is sued, the court may enforce the agreement's obligations against the breaching party, provided all formal requirements are met.
Once a court's judgment becomes final, it stands as valid as a contract, according to Article 147 of the Civil Transactions Law. In case of a breach, one party may be entitled to compensation as specified in the contract or as decided by the court.
To protect your interests, ensure the SPA includes a clear, detailed clause about the handover and vacating dates. If the seller doesn't vacate as agreed, you can approach the Dubai court to enforce the SPA and seek compensation for any breaches. It's advisable to have a legal professional review and vet the SPA before finalizing the purchase.
