The ruling came after the buyer failed to make scheduled payments
Dubai: The Dubai Real Estate Court has nullified a residential sale contract and ordered the re-registration of the unit under the selling company’s name after the buyer failed to meet contractual obligations, including the payment of scheduled instalments, according to Al Khaleej Arabic daily.
The court further ruled that the buyer must pay Dh250,000 in compensation to the company for damages and lost profits resulting from the delay, during which the company was unable to benefit from the property. The dispute stems from a 2019 agreement in which the company sold a completed residential unit for Dh2.386 million. The contract required a 10 percent down payment, with the remainder to be paid in 21 dated instalments. Although the unit was registered in the buyer’s name in December that year, the buyer defaulted on payments.
Arguing it had upheld its end of the agreement, the company submitted the contract, payment records, a completion certificate, title deed, and an expert report to the court. The court upheld the contract’s binding nature, noting that while the seller must deliver the unit, the buyer is equally obliged to pay on time.
Though the penalty clause became void upon termination, the court ruled that the seller still had the right to compensation and set the amount at Dh250,000.
Legal consultant Dr. Alaa Nasr, the company’s legal representative, cited federal civil law, which allows a seller to retain ownership until full payment is made—even after the unit has been handed over.
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