The Emirate of Dubai has great credit for pioneering the real estate development industry in the Arab region, and we, at “Ali Al Hammadi Legal Consultations and Advocates,” were the first in this field, as we witnessed the development of this industry from its beginnings, and then we paid increasing attention to it. We provide our services as real estate lawyers in Dubai, Abu Dhabi, and all the emirates of the country. We provide our legal advice, draft construction contracts, and write relevant real estate contracts. These services include:

  • Reviewing contracts with the main developer and negotiating their terms

• Representing the real estate developer in everything related to its transactions, operations and activities whenever necessary

• Drafting contracts

• Selling and developing policies and implementation frameworks

• Drafting and reviewing construction contracts with contractors or subcontractors

• Writing the commercial agency contract and registering it with the competent authorities.

• Writing real estate contracts with the competent authorities

• Representing the real estate developer before the Land Department and the Real Estate Regulatory Authority

• Representing the real estate developer before the courts and judiciary

• Sending legal warnings to those who need to be warned

• Representing tenants in rental lawsuits and pleading on their behalf before the Rental Disputes Settlement Center.

• Representing the landlord and lessors in rental lawsuits and pleading on their behalf before the Rental Disputes Settlement Center.

• Managing, leasing, maintaining, leasing, maintaining and collecting rent for properties

  Drafting commercial contracts is considered one of the basic stages in establishing a business in Dubai, Abu Dhabi, Sharjah and all the emirates of the country, as investors enter into binding legal contracts. Therefore, it has become necessary to draft these contracts by experts and professionals in the field.

  Real estate purchase and sale contract in Dubai

Those wishing to buy a property in Dubai must inspect and inspect the property, especially if it is a fully-built property, before signing the purchase and sale contract. Both parties to the contract must use the unified form of the sales contract (form) with the possibility of adding other conditions that do not conflict with the unified terms.

  Company purchase and sale contract

A commercial establishment is a sum of material and intangible funds allocated for conducting commercial business.

  Before the notary public, their agents, guardians, guardians, or guardians.

  The contracting parties must be present in person, and among the conditions, the content of the contract must be within the limits of the regulations and rules regulating establishments in the emirate, especially the Commercial Companies Law No. (2) of 2015 and its amendments, and the Commercial Transactions Law No. (18) of 1993 and its amendments, and it must not violate public order or morals, and it must not be It appears to be invalid or intended to be fraudulent.

  The contract must also include the following information:

  • The names of the contractors, their nationalities and places of residence

• Date of sale, type of business, commercial or professional license number, office name, shop address, and items that were agreed to be included in the sale.

• The price of the tangible and intangible elements separately, the part paid for when concluding the contract, and how to perform the rest

• Special agreements regarding contracts and commitments related to the commercial establishment, if any

• Agreements related to the seller’s reserve of the right of annulment, termination, or franchise right, if any, the contract must include the following paragraph: “Ownership of the commercial store shall not be transferred between the contracting parties and with respect to third parties except from the date of registering the sale in the commercial registry and publishing its summary in two daily newspapers issued in the country in the Arabic language.” A period of one week separates their issuance, and after the expiry of the period specified for accepting the objection to the sale.”

  Limited liability company contract

A limited liability company is a company in which the number of partners does not exceed fifty and is not less than two, and each of them is only liable to the extent of his share in the capital, and the partners’ shares in it are not represented by negotiable instruments. Then be able to obtain a commercial license from the Department of Economic Development to practice commercial work.

  Contract drafting requirements

It is required to present originals of identity documents (identity card) and submit copies thereof, in addition to submitting originals of documents proving the status of the contracting parties and submitting copies of them in the event that the contract is not made in person. Initial approval from the Department of Economic Development must also be shown on the contracts to be ratified if electronic applications are not used.

Terms and Conditions

The parties to the contract must be present in person or be authorized to represent them legally or legally. The parties to the contract must have the capacity and authority to contract. The documents to be authenticated must also be official and issued outside the country, bearing signatures authenticated by the Ministry of Foreign Affairs in the relevant country and the UAE Embassy in that country, with their authenticity verified through a legal translation approved by the Ministry of Justice or a notary public.

  In addition to paying legal fees. It is preferable for one of the parties to the contract to be an Emirati citizen, whose share is 51% of the capital in the event of a foreign partner. It is also permitted to establish a company among citizens of Gulf Cooperation Council countries without the need for other partners. The content of the contract must be within the limits of the regulations and rules regulating commercial companies in the emirate, especially Commercial Companies Law No. (2) of 2015 and its amendments.

  Lease contract that ends with ownership

  This system allows an individual to use private property for a specified period, while giving him the right to purchase this property for the agreed-upon remaining value at the end of the period. This type of contract is known as the “lease-to-own contract” due to its validity for a specific period of time, as the lessor and lessee agree in the lease contract on the remaining value of the leased property. In most cases, this type of contract gives the lessee the option to purchase the property for the agreed-upon value at the end of the period. Rent.

  Murabaha contract

Murabaha is understood in business language as the process of transferring ownership of something in the first contract at a certain price with the addition of profit.

  This involves selling the property at an increase over the original price.

  Murabaha conditions

Murabaha sales require that the meaning of the offer and acceptance be clear, consistent, and connected.

  Conditions for the validity of Murabaha

• Validity of the contract: The contract must be valid, otherwise the Murabaha sale is not permissible because it relates to a sale for a specific price with an increase in profit.

  • Clarity of the price: The original price must be known to the second buyer, as knowing the price is a basic condition for the validity of the deal.

• Capital: Capital must be ideal, that is, ideal or valuable and balanced.

  Gift contract

A gift contract is a contract under which the donor transfers ownership of money to him without compensation. The donor can impose on the donee a specific duty, and this type of contract requires the presence of several basic elements, including:

  • Donation intention: expresses the intention of the donor to give up his ownership in favor of the gifted person.

  • Gift between the living: The gift must be between living and existing parties.

  • Offer and acceptance: There must be a clear and mutual agreement between the donor and the donee to accept the gift.

  • Disposal: It relates to the transfer of a real right by the donor to the donee. This right could be ownership, usufruct, easement, personal right, or a sum of money.

  • Moral condition: The donor can impose a moral condition on the donee, but not as compensation.

This contract stipulates the general conditions that must be met in all other contracts, which are:

  • Conditions for the convening: such as mutual consent, location, reason, and that the document must be written on an official paper.

  • Necessary convening conditions: consensus, the presence of a legitimate subject, and the ability to act.

• Validity condition: relates to the validity of the content of the contract and its non-contradiction with laws and regulations.

  Agency contract

An agency is an authorization by another person to do things that concern him, and the authorization document is called a “power of attorney.” In the Islamic context, agency is a type of legal transaction, where a person is commissioned to carry out a specific act and accepts the execution in place of the person who commissioned it. The Sharia contract of agency consists of an assignee (the principal) and the agent, the act he is charged with, and the wording of the contract, and the agency can be absolute or restricted according to Sharia standards.

  In addition, an agency is a contract that includes permission for the agent to act, so if a person is assigned to buy goods or pay zakat, for example, based on mutual understanding and trust, then this is valid according to Islamic law. However, the agency may face challenges to its credibility as a result of forgetfulness or...

  Death or otherwise, it is therefore advisable to document transaction contracts by appropriate means, including testimony and writing. Writing includes preparing a document containing the details of the agreement between the two parties, but the document must be drafted in an official and legal way to be recognized by the official authorities.

  Drafting construction and building contracts

This contract is a written agreement document concluded between the two contracting parties to implement a specific engineering project, where the first party is the employer (the contracting party), and is usually referred to in contracting contracts as the first party. The second party is the implementing company (the contractor), and is referred to in contracting contracts as the second party. This document provides an explanation of the obligations of each party to the contract, as it specifies the scope of work and the technical and timing details for implementing the engineering project. The contract aims to define the rights, obligations and responsibilities of each party, as well as stipulate financial terms and payment schedules. Construction and construction contracts are considered an essential part of engineering project management, as they contribute to organizing the relationship between the two parties and ensure the effective implementation of the project according to the specified standards.

  Contract contents:

• The agreement is a form of contract

• General conditions and special conditions

• Specifications

• Quantity bill items (business standards)

  • Engineering drawings of the project

• Timetable for project implementation