As Is Real Estate Contract Template for the United Arab Emirates
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What is a As Is Real Estate Contract?
The As Is Real Estate Contract is a specialized agreement used in the United Arab Emirates for property transactions where the buyer explicitly agrees to purchase the property in its existing condition, without requiring the seller to make repairs or improvements. This document is particularly relevant in situations involving older properties, distressed sales, or when sellers wish to limit their post-sale obligations. The contract must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and relevant emirate-specific real estate regulations. It includes detailed property descriptions, condition reports, and explicit acknowledgments from the buyer regarding the property's state. The document is designed to protect sellers from future claims while ensuring transparency for buyers, making it a crucial tool in UAE real estate transactions where properties are sold without warranties.
About the As Is Real Estate Contract
When purchasing real estate in the United Arab Emirates, an As Is Real Estate Contract provides essential legal protection for sellers while ensuring buyers make informed decisions about property condition. This specialized agreement explicitly states that the buyer accepts the property in its current state, relieving the seller of obligations to make repairs, improvements, or address defects discovered after the sale.
When do you need this document?
You need an As Is Real Estate Contract when selling older properties that may require significant maintenance, distressed properties sold due to financial circumstances, or commercial real estate where extensive due diligence is expected from sophisticated buyers. This contract is particularly valuable for estate sales, auction properties, or situations where sellers want to minimize post-completion liability exposure. Real estate investors and developers also commonly use these contracts when selling properties that buyers intend to renovate or redevelop.
Key legal considerations
The contract must include explicit acknowledgment that the buyer has inspected the property and understands its condition. You need comprehensive property descriptions with title deed numbers, plot details, and exact measurements as required by UAE law. The agreement should specify which party handles registration fees, transfer costs, and any outstanding service charges. Include clear statements about the seller's limited warranties and the buyer's waiver of claims for hidden defects or future repair costs. The contract must address mortgage approval timelines if financing is involved, and specify consequences if the buyer's loan application fails.
Legal requirements in United Arab Emirates
Under UAE Federal Law No. 5 of 1985 (Civil Code), all real estate contracts must be registered with the relevant Land Department to be legally enforceable. Both parties must provide Emirates ID numbers and complete legal names as mandated by UAE regulations. The contract requires notarization before a licensed notary public, and sellers must provide clear title documentation proving legal ownership. Dubai properties must comply with Law No. 7 of 2006 concerning real estate registration, while other emirates have specific registration procedures. The agreement must be executed in Arabic or include certified Arabic translations for legal validity. Property transfer taxes, registration fees, and Dubai Land Department charges must be clearly allocated between parties according to emirate-specific regulations.
GOVERNING LAW
Applicable law
This As Is Real Estate Contract is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Federal Law No. 13 of 2008 on Interim Real Estate Registration: Regulates the registration of real estate properties and off-plan sales in the UAE
Law No. 7 of 2006 (Dubai): Concerning real estate registration in the Emirate of Dubai, establishing the framework for property registration
Law No. 9 of 2009 (Dubai): Amending certain provisions of Law No. 13 of 2008, concerning the Interim Real Estate Register in Dubai
Executive Council Resolution No. 6 of 2010: Approving the executive regulation of Law No. 13 of 2008 concerning the Interim Real Estate Register in Dubai
UAE Consumer Protection Law (Federal Law No. 24 of 2006): Provides consumer protection framework, relevant for 'As Is' disclosures and buyer rights
Law No. 8 of 2007 (Dubai): Concerning Real Estate Development Trust Accounts in Dubai, ensuring financial protection in real estate transactions
RERA (Real Estate Regulatory Agency) Regulations: Regulatory framework governing real estate transactions, brokers, and property management in Dubai
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