Unregistered Sale Agreement With Possession for United Arab Emirates

Unregistered Sale Agreement With Possession Template for United Arab Emirates

A comprehensive legal document governed by UAE law that facilitates the sale and interim possession of property prior to formal registration. This agreement provides a framework for transferring physical possession of property while protecting both parties' interests during the period between possession and formal registration. It includes detailed provisions for possession terms, maintenance responsibilities, risk allocation, and future registration requirements, all structured within the UAE's civil law system and property regulations. The document is particularly relevant in situations where immediate possession is required but immediate registration is not feasible.

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What is a Unregistered Sale Agreement With Possession?

The Unregistered Sale Agreement With Possession is a crucial document in the UAE real estate market, particularly utilized when parties need to proceed with property possession before completing formal registration procedures. This arrangement is common in scenarios such as staged payments, pending mortgage approvals, or when administrative requirements delay formal registration. The document serves as a bridge between initial sale agreement and final registration, providing legal protection for both parties during this interim period. It must comply with UAE Civil Code requirements and relevant emirate-specific property regulations, while addressing key aspects such as possession terms, maintenance responsibilities, risk allocation, and future registration commitments. This type of agreement is particularly relevant in Dubai and other emirates where property transactions might require flexible interim arrangements while maintaining legal safeguards.

What sections should be included in a Unregistered Sale Agreement With Possession?

1. Parties: Identification and details of the seller and purchaser

2. Background: Context of the sale and current status of the property

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core terms of the transaction including price and payment terms

5. Property Details: Detailed description of the property being sold

6. Possession Terms: Terms and conditions of property possession, including handover date and process

7. Seller's Warranties: Warranties regarding property ownership, condition, and encumbrances

8. Buyer's Obligations: Responsibilities and commitments of the buyer including maintenance and usage restrictions

9. Future Registration: Provisions for future formal registration of the property

10. Risk and Insurance: Allocation of risk and insurance requirements during possession period

11. Default and Remedies: Consequences of breach and available remedies

12. Notices: Communication protocols between parties

13. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

What sections are optional to include in a Unregistered Sale Agreement With Possession?

1. Mortgage Provisions: Include when the property has existing mortgage or buyer requires financing

2. Tenant Rights: Include when property is currently tenanted

3. Renovation Rights: Include when buyer plans significant modifications during possession

4. Third Party Rights: Include when there are existing third-party interests in the property

5. Utilities Transfer: Include when immediate transfer of utilities is required

6. Property Management: Include for properties in managed communities

7. Exit Provisions: Include specific terms for unwinding the arrangement if registration cannot be completed

What schedules should be included in a Unregistered Sale Agreement With Possession?

1. Property Description Schedule: Detailed technical description of property including boundaries and fixtures

2. Payment Schedule: Breakdown of payment terms and installments

3. Property Condition Report: Detailed assessment of property condition at possession

4. Title Documents: Copies of relevant ownership documents and certificates

5. Service Charges Schedule: Details of ongoing maintenance and service charges

6. Handover Checklist: List of items to be checked and transferred during possession

7. Required Permits: List of necessary permits and approvals for possession

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

Cost

Free to use

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