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Contract to Sell
I need a contract to sell a residential property located in Dubai, including terms for a 10% deposit, a 60-day closing period, and a clause for the buyer to secure financing within 30 days. The contract should also outline the responsibilities for property inspections and any necessary repairs prior to closing.
What is a Contract to Sell?
A Contract to Sell is a preliminary agreement where a seller promises to sell property to a buyer at a future date, once specific conditions are met. In the UAE, these contracts are commonly used in real estate transactions, letting buyers and sellers lock in terms before the final sale transfer.
Under UAE Civil Code, this differs from an immediate sale contract because ownership doesn't transfer right away. Instead, it creates binding obligations between parties - the seller must maintain the property and complete the sale once conditions are met, while the buyer typically makes scheduled payments. These agreements help protect both sides during complex transactions, especially in off-plan property purchases common in Dubai and Abu Dhabi.
When should you use a Contract to Sell?
Use a Contract to Sell when you're planning a major property transaction in the UAE but need time to arrange financing or meet specific conditions. This agreement works perfectly for off-plan property purchases, where construction isn't complete, or when buyers need to secure mortgage approval before finalizing the deal.
The contract proves especially valuable in Dubai's dynamic real estate market, where property values can fluctuate significantly. It locks in the price and terms while protecting both parties during the interim period. Many developers and real estate agents in Abu Dhabi and Dubai rely on these contracts for staged payment plans, particularly in new development projects where construction timelines extend over months or years.
What are the different types of Contract to Sell?
- Real Estate Sales Agreement: Used for property transactions, featuring staged payment schedules and construction milestones common in UAE developments
- Car Sale Contract: Specialized for vehicle transfers, including RTA compliance requirements and inspection conditions specific to Dubai and Abu Dhabi
- Sales Agreement Contract: General commercial version for business assets and goods, incorporating UAE Commercial Code requirements and payment terms
Who should typically use a Contract to Sell?
- Property Developers: Create these contracts for off-plan sales in UAE developments, often using them to secure buyer commitments before construction completion
- Real Estate Brokers: Facilitate agreements between buyers and sellers, ensuring compliance with RERA regulations in Dubai and similar authorities across emirates
- Legal Consultants: Draft and review contracts to protect client interests and ensure adherence to UAE Civil Code requirements
- Individual Buyers: Enter these agreements when purchasing property or assets with conditional terms or staged payments
- Corporate Sellers: Use these contracts in large-scale property deals or asset disposals requiring specific conditions before final transfer
How do you write a Contract to Sell?
- Property Details: Gather complete asset information, including title deed numbers for real estate or registration details for vehicles
- Party Information: Collect UAE Emirates ID copies, trade licenses for companies, and valid contact details for all parties
- Payment Terms: Document the full price, payment schedule, and any conditions that must be met before final transfer
- Compliance Check: Verify RERA requirements for real estate or RTA rules for vehicles in your specific emirate
- Document Review: Use our platform to generate a legally-sound Contract to Sell that includes all mandatory elements under UAE law
What should be included in a Contract to Sell?
- Party Details: Full legal names, Emirates ID numbers, and contact information of buyer and seller as per UAE Civil Code
- Property Description: Precise details of the asset, including location, specifications, and any existing encumbrances
- Payment Terms: Clear price, payment schedule, and conditions for transfer under UAE commercial regulations
- Transfer Timeline: Specific dates or milestones when ownership will transfer, with conditions precedent
- Governing Law: Explicit statement of UAE law application and relevant emirate jurisdiction
- Default Provisions: Consequences of breach and remedies available to either party
What's the difference between a Contract to Sell and a Buy-Sell Agreement?
A Contract to Sell differs significantly from a Buy-Sell Agreement in UAE law. While both deal with property transfers, they serve distinct purposes and operate under different legal frameworks.
- Timing of Transfer: Contract to Sell postpones ownership transfer until specific conditions are met, while Buy-Sell Agreements typically execute the transfer immediately
- Legal Effect: Contract to Sell creates a promise to sell in the future, whereas Buy-Sell Agreements transfer ownership rights immediately upon signing
- Payment Structure: Contract to Sell often involves installment payments before final transfer, while Buy-Sell Agreements usually require full payment at signing
- Risk Transfer: In a Contract to Sell, the seller retains property risk until final transfer; Buy-Sell Agreements shift risk to the buyer immediately
- Common Usage: Contract to Sell is prevalent in UAE off-plan property sales, while Buy-Sell Agreements are typical for immediate business ownership transfers
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