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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Hi,
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome, and thank you for trusting us
Kindly, could you clarify your question in details so we could help you legally better with pleasure.
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الرد من العميل
I had put a deposit on a property I wanted to purchase, the seller told me the price of the property was 2.5million. I had intended to you a bank mortgage loan to finance the purchase. At the time of making the deposit I was told that the deposit was refundable on the condition that mortgage loan was rejected. I needed a loan of 75% of the 2.5million (. 1.8million) to purchase the property which is as per UAE law.Upon valuation of the property... it was valued at 2million which would mean I would not the loan of 1.8 approved. I requested the refund based on this and the seller is refusing to refund my deposit based on the fact that I did not apply for the loan officially .My sentiment is that since the value of the property was well below what was advertised there was no need to formally apply for a loan as I would not get the needed 1.8m I needed. Am I justified by this?
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Welcome again!
Based on the above facts and in support of the Federal Debit Transactions Act, what the Bank has refused to give the loan and mortgage the property is legally valid as the property must have a certain value to secure bank or bank financing.
As for the deposit, which is the subject of question within this question as we understand only the law does not have the right of the seller to seize the deposit and refuse to deliver it to the buyer and we advise you to take legal action in full if the seller adheres to this view is represented by a legal warning, First, through the court to the second party and claim the deposit or else will be resorted to the competent court to file a lawsuit and give warning is very necessary, a formality is not accepted only the case and if he does not respond, the case must be instituted at that time and the value and compensation required.
Kind Regards,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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