Property Sale & Purchase Dispute Lawyer
Most property disputes are decided by clauses agreed before anyone expected a problem. That is where we look first.
MBM acts for buyers and sellers in Dubai property transactions — sale and purchase agreement disputes, withheld deposits, undisclosed defects, misrepresentation, failed completions and stalled transfers. We also review the SPA before it is signed, which is the cheaper conversation.
Are you buying or selling?
The same failed transaction produces two very different claims. Pick your side — the remedy and the urgency are not the same.
You have paid, and something is wrong
Whether the seller has misrepresented the property, cannot deliver clear title, or has simply stopped performing, your exposure is the money already committed — and the deposit is usually the first thing in issue.
- Defects or condition problems that were not disclosed
- Area, layout or permitted use not as represented
- Title, mortgage or encumbrance issues emerging late
- Service charge arrears attaching to the unit
- The seller will not complete, or wants to withdraw
- Your deposit is being withheld after a failed completion
The buyer has not performed
A buyer who misses payments, cannot obtain finance, or walks away leaves you with a property off the market and a contract to enforce. What you can keep and what you can claim are separate questions.
- The buyer has defaulted on the payment schedule
- Mortgage approval has failed and completion has stalled
- The buyer is demanding the deposit back
- The buyer alleges misrepresentation you dispute
- You need the agreement terminated cleanly and lawfully
- You want to enforce completion rather than terminate
A rewritten civil code, three months old
Property transactions in Dubai sit on two layers. Registration, brokerage and off-plan sales are regulated by the Dubai Land Department and RERA. The contract itself sits on federal civil law — and that foundation was replaced very recently.
Federal Decree-Law No. 25 of 2025, the Civil Transactions Law, took effect on 1 June 2026 and fully replaces the 1985 Civil Transactions Law. Reported changes include a codified duty of good faith in pre-contractual negotiations and revised civil-liability and damages provisions — both directly relevant where a seller is said not to have disclosed something material.
Because the law is this new, how it applies to a particular transaction is still developing. We treat it as a live argument to be made carefully on the facts, not as a settled answer, and it is subject to applicable UAE law.
UAE Legislation — uaelegislation.gov.ae · Dubai Land Department — dubailand.gov.ae
How MBM handles a transaction dispute
And, before that, how we stop one from happening.
Review or negotiate the SPA
Before signing: completion mechanics, default and forfeiture, condition and inspection, and what happens if finance or an approval does not come through. This is the highest-value hour in the whole transaction.
Run due diligence
Title, authority to sell, encumbrances, service charge position, occupation status and the accuracy of what has been represented.
Advise on the deposit
Whether it is at risk, whether a forfeiture clause applies on the facts, and what has to be done now to preserve a claim to it.
Serve notices and demands
A properly drafted default or completion notice either resolves the matter or builds the record. Both are useful; the sequence matters.
Claim for misrepresentation or non-disclosure
Where the property is not what was represented, we assess the claim against the contract, the correspondence and the current civil-law position, and pursue it.
Enforce or terminate, then litigate
We advise whether to compel completion or terminate and claim, then argue it in the appropriate forum and enforce the outcome.
From first call to a resolved transaction
You will know whether the contract helps you or hurts you before you commit to anything.
Free consultation
Tell us where the transaction is and what has gone wrong. If you have not signed yet, say so — that changes the advice completely.
Contract & title review
We read the SPA against what has happened, check the title and registration position, and set out your options in writing.
Notice or negotiation
We serve the notice or open the negotiation. Transactions are commercial, and many are salvaged at this stage.
Claim and enforcement
Where it is needed, we bring or defend the claim and enforce the result.
What to have to hand
Transaction disputes are contract disputes. The agreement and the correspondence usually decide them, so those two come first.
If you have not signed yet, call before you do. A review now is a fraction of the cost of a claim later.
- The sale and purchase agreementComplete, with any addendum or side letter
- Proof of payments madeDeposit receipt, transfers and the payment schedule
- Title and registration documentsTitle deed, any DLD paperwork, and any no-objection certificate
- What you were shown or toldListings, floor plans, area figures and broker correspondence
- Inspection or survey materialReports, photographs or snagging lists, if condition is in issue
- The correspondenceEverything between the parties and the brokers, in date order
The broker is not your lawyer
Brokerage is separately regulated and a broker is paid on completion. That is a legitimate role, but it is not the role of someone assessing whether the agreement in front of you protects you if the transaction fails.
- Both sides of the transaction. Acting for buyers and sellers means we know which clauses the other side will rely on.
- Transactional and contentious. The team that reviews the SPA is the team that would litigate it, which changes how it gets drafted.
- Current on the new civil code. Federal Decree-Law No. 25 of 2025 took effect in June 2026 and is directly relevant to non-disclosure arguments.
- Commercial candour. Where the contract is against you, we will say so, and advise on the best available exit rather than the most expensive fight.
Property transactions, answered directly
General information on the current framework, not advice on your transaction. Your agreement will usually decide the answer.
Can a seller cancel a property sale in Dubai?
Whether a seller can withdraw depends on what the sale and purchase agreement provides about termination, on whether either party is already in default, and on how far the transaction has progressed towards registration.
A signed SPA is a binding contract, so cancelling outside its terms may itself be a breach — with consequences for the deposit and for damages.
What happens if a buyer defaults?
The consequences are usually set by the sale and purchase agreement, which commonly addresses forfeiture of the deposit and the seller’s other remedies.
Whether the clause is enforceable as written, and whether the seller has itself complied with its obligations, are both live questions. A default clause is the start of the analysis, not the end of it.
What should due diligence cover?
At minimum: the seller’s title and authority to sell, any registered mortgage or encumbrance, service charge arrears attaching to the unit, whether the property is tenanted and on what terms, and the accuracy of what has been represented about area, condition and permitted use.
Doing this before signing is materially cheaper than litigating afterwards.
The seller did not disclose defects. Do I have a claim?
A claim may arise, depending on what was represented, what the SPA says about condition and inspection, and what you can evidence about the seller’s knowledge.
Federal Decree-Law No. 25 of 2025, the Civil Transactions Law in force since 1 June 2026, is reported to codify a duty of good faith in pre-contractual negotiations, which may be relevant to non-disclosure. How it applies to your transaction should be assessed on the facts.
My deposit is being withheld. Can I recover it?
Recovery depends on why the transaction did not complete and on what the agreement provides. Where the other side caused the failure, or where the forfeiture clause does not apply on the facts, there may be a route to recovery.
Deposit disputes are usually decided on the agreement and the correspondence — preserve both.
Should a lawyer review the SPA before I sign?
It is far less expensive than the alternative. Most of the transaction disputes we see were decided by clauses agreed before anyone expected a problem: completion mechanics, default and forfeiture, condition and inspection, and what happens if a mortgage or approval does not come through.
The transfer has stalled at the DLD. What now?
Registration and transfer are administered by the Dubai Land Department, and a stalled transfer usually has an identifiable cause: an outstanding encumbrance, a missing no-objection certificate, unpaid service charges, or a party not performing.
Establishing which it is determines whether the answer is administrative or a contractual claim.
Tell us about the transaction
Tell us briefly about your matter. Our team will review your enquiry and advise you on the appropriate next step. Everything you send is treated as confidential.
If a completion date or a contractual deadline is close, please call rather than emailing.
- +971 4 570 0204Dubai office · Monday to Friday, 08:00–17:00
- WhatsApp +971 54 596 1111Send the SPA if that is quicker
- info@mbm-co.comAttach the agreement, payment proof and correspondence
Thank you — your enquiry is with our team.
A member of the MBM team will review what you have sent and come back to you with the appropriate next step.
If your matter is time-critical, please call +971 4 570 0204 rather than waiting.
The contract decides this. Find out what yours says.
Send us the agreement, whether you are about to sign it or already arguing about it. The first consultation is free.