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Equity Release Agreement

Equity Release Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Equity Release Agreement

"I need an Equity Release Agreement for a Dubai residential property worth AED 5 million, where the owner is seeking to release 40% of the property value while maintaining residency rights, with the agreement to commence in March 2025 and include Sharia-compliant financing terms."

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Document background
The Equity Release Agreement is a specialized financial instrument used in the UAE market where property owners can monetize their property's value without selling or vacating it. This document is particularly relevant in situations where property owners seek to unlock capital from their real estate assets while maintaining their residence rights. The agreement must comply with UAE federal and emirate-specific regulations, including property laws, financial regulations, and where applicable, Islamic finance principles. It includes comprehensive provisions for property valuation, maintenance obligations, payment terms, default scenarios, and risk management. The document is structured to protect both the financial institution's security interest and the property owner's rights, while ensuring transparency and regulatory compliance in the UAE jurisdiction.
Suggested Sections

1. Parties: Identification of the equity release provider and the property owner(s)

2. Background: Context of the agreement including property details and purpose of the equity release

3. Definitions: Key terms used throughout the agreement including financial, property, and regulatory terms

4. Property Details: Comprehensive description of the property including title details and current market value

5. Amount and Payment Terms: Details of the equity release amount, payment schedule, and calculation methods

6. Security and Charges: Description of the security interest over the property and registration requirements

7. Property Owner Covenants: Obligations of the property owner including maintenance and insurance requirements

8. Lender Covenants: Obligations of the equity release provider including service standards and regulatory compliance

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Events of Default: Circumstances constituting default and consequences

11. Termination: Conditions and process for early termination or maturity

12. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction

Optional Sections

1. Sharia Compliance: Required if the agreement needs to be Sharia-compliant, including relevant principles and compliance structure

2. Power of Attorney: Optional section granting specific powers to the lender for property-related matters

3. Co-owner Provisions: Required if the property has multiple owners

4. Inheritance Provisions: Optional section dealing with succession planning and inheritance issues

5. Early Repayment Terms: Optional section detailing early repayment options and calculations

6. Property Sale Provisions: Optional section covering scenarios where the property might be sold during the agreement term

Suggested Schedules

1. Property Description Schedule: Detailed property specifications, boundaries, and title information

2. Payment Schedule: Detailed breakdown of payment terms, calculations, and examples

3. Valuation Report: Professional valuation of the property

4. Required Insurance Schedule: Details of mandatory insurance coverage for the property

5. Fees and Charges Schedule: Comprehensive list of all applicable fees and charges

6. Property Maintenance Requirements: Detailed specifications for property maintenance obligations

7. Risk Disclosure Statement: Comprehensive disclosure of risks associated with the equity release

8. Regulatory Compliance Checklist: Checklist ensuring compliance with UAE regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Property
Property Owner
Provider
Equity Release Amount
Release Date
Term
Completion Date
Security
Title Deed
Applicable Law
Business Day
Default Event
Early Termination
Encumbrance
Fair Market Value
Financial Obligation
Force Majeure
Inheritance Rights
Insurance Requirements
Legal Representatives
Maintenance Standards
Material Adverse Effect
Maturity Date
Monthly Payment
Mortgaged Property
Notice
Occupancy Rights
Payment Date
Permitted Use
Property Registration
Property Value
Regulatory Authority
Release Period
Repayment Schedule
Required Insurance
Security Interest
Sharia Compliance
Substantial Damage
Termination Date
Title Documents
Valuation Report
Warranties
DIFC
RERA
UAE Central Bank
Applicable Fees
Covenant
Designated Account
Dispute
Effective Date
Facility
Outstanding Amount
Parties
Profit Rate
Registration Fee
Relevant Authority
Clauses
Property Rights
Payment Terms
Security Interest
Property Maintenance
Insurance Requirements
Default and Remedies
Termination
Assignment
Force Majeure
Confidentiality
Representations and Warranties
Covenants
Regulatory Compliance
Islamic Finance Compliance
Property Valuation
Registration Requirements
Notice Requirements
Dispute Resolution
Governing Law
Inheritance Rights
Early Termination
Property Sale
Risk Disclosure
Consumer Protection
Data Protection
Anti-Money Laundering
Environmental Compliance
Property Access
Insurance Claims
Further Assurance
Relevant Industries

Banking & Financial Services

Real Estate

Islamic Finance

Legal Services

Property Management

Financial Advisory

Insurance

Mortgage Services

Relevant Teams

Legal

Real Estate Finance

Compliance

Risk Management

Islamic Banking

Property Services

Credit Assessment

Customer Relations

Operations

Product Development

Documentation

Valuations

Relevant Roles

Legal Counsel

Property Finance Manager

Compliance Officer

Real Estate Manager

Financial Products Director

Risk Management Officer

Islamic Banking Specialist

Mortgage Manager

Property Valuation Expert

Customer Relationship Manager

Credit Risk Officer

Legal Documentation Specialist

Product Development Manager

Operations Manager

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Fundamental law governing civil transactions, contracts, and property rights in the UAE
UAE Central Bank Resolution No. 14/93: Regulations regarding mortgage and real estate financing activities in the UAE
Federal Law No. 4 of 2000: UAE Securities and Commodities Authority Law governing financial services and products
Federal Law No. 6 of 1985: Islamic Banking Law establishing frameworks for Sharia-compliant financial products
Dubai Law No. 7 of 2006: Property Registration Law in Dubai governing real estate transactions and registrations
Federal Law No. 24 of 2006: Consumer Protection Law ensuring fair treatment and transparency in financial agreements
UAE Central Bank Regulations on Mortgage Loans: Specific regulations governing loan-to-value ratios and other mortgage-related requirements
Federal Law No. 20 of 2018: Anti-Money Laundering Law ensuring compliance with financial security requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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