Real Estate

When investing in off-plan properties, where construction may not yet have commenced, it is crucial to navigate the process with a comprehensive legal strategy. At Motei and Associates, we provide expert legal services tailored to the specific needs of off-plan property buyers:

• Initial Booking and Fee Management: If a project faces cancellation, our attorneys are skilled in negotiating with developers to secure the best possible outcome for our clients. Whether it’s the recovery of all paid amounts, compensation beyond the initial investment, or alternative investment opportunities, we strive to ensure that your financial interests are fully safeguarded.
• Contract Review: Our attorneys meticulously review the Sale and Purchase Agreement (SPA) to ensure that it accurately reflects the client’s interests and complies with all local legal standards. We scrutinize every detail, from payment plans to construction timelines, safeguarding against any unfavorable clauses.
• Negotiation with Developers: Leveraging our deep understanding of the UAE Real Estate market, we negotiate directly with developers on behalf of our clients. Our goal is to secure terms that minimize risks and enhance the benefits of our client’s investment, addressing issues such as construction delays, quality specifications, and cancellation policies.
• Regulatory Compliance and Due Diligence: We conduct thorough due diligence to verify the developer’s track record and the project’s legal standing. Ensuring compliance with all relevant regulations, including those set forth by the Real Estate Regulatory Agency (RERA), is paramount to protecting your investment.
• Dispute Resolution: Should disputes arise, we are prepared to represent your interests whether in negotiations, arbitration, or court proceedings. Our team is adept at resolving conflicts related to delays, cancellations, or discrepancies in the final product versus initial promises.

Investing in real estate involves considerable financial stakes, and the cancellation of a project can be a significant setback. At Motei and Associates, we provide robust legal solutions designed to protect our clients’ interests in the face of canceled real estate projects:

• Developer Negotiations: If a project faces cancellation, our attorneys are skilled in negotiating with developers to secure the best possible outcome for our clients. Whether it’s the recovery of all paid amounts, compensation beyond the initial investment, or alternative investment opportunities, we strive to ensure that your financial interests are fully safeguarded
• Legal Representation and Dispute Resolution: In instances where negotiations do not yield a favorable outcome, our legal team is prepared to take robust legal action. We represent our clients’ interests in arbitration or court proceedings, advocating for rightful claims and seeking justice against unjust cancellations.
• Regulatory Compliance and Recovery: We guide our clients through the complex legal landscape of real estate investment recovery under UAE law. Our team ensures compliance with all regulatory requirements and leverages legal avenues to recover investments and secure compensation.

Commercial leasing involves intricate agreements that are often structured for extended periods and come with complex expectations and obligations for both tenants and lessors. We specialize in both crafting and managing these complex lease agreements, providing strategic guidance and expert legal support to protect and enhance the interests of our clients:

• Complex Lease Structuring: We draft and review commercial lease agreements that address the multi-faceted nature of commercial tenancies. These agreements often include detailed provisions on lease duration, renewal options, rent escalation clauses, and maintenance obligations, which require careful legal scrutiny to ensure they serve the long-term interests of both parties.
• Negotiation of Detailed Terms: Given the long-term and complex nature of commercial leases, our attorneys are skilled in negotiating terms that align with our clients’ specific business goals. We focus on securing terms that optimize operational flexibility and financial predictability, minimizing potential legal and financial risks.
• Due Diligence and Regulatory Compliance: We perform thorough due diligence to ensure property and lease compliance with current zoning laws and regulations. By actively monitoring legislative and regulatory changes, we advise on necessary lease adjustments, safeguarding clients from legal issues and ensuring ongoing compliance.
• Resolution of Complex Disputes: Commercial leases can give rise to disputes over lease terms, property use, or compliance with lease conditions. Our team is experienced in mediating and resolving such disputes efficiently, minimizing disruption to business operations. When necessary, we are also equipped to represent our clients in arbitration or court to ensure their rights and interests are protected. 
• Ongoing Legal Advisory and Lease Management: Our services extend beyond the initial lease agreement to ongoing lease management and advisory. We help our clients navigate changes in law and market conditions that might affect their leases, advising on lease modifications and renewals to continuously align with our clients’ evolving business needs.

Investing in real estate is predicated on the expectation of adherence to projected timelines for project completion. Delays in handover can significantly disrupt contractual dependencies, such as those involving mortgage obligations and concurrent rental agreements, predicated on the developer’s commitments. At Motei and Associates, our legal expertise is directed towards safeguarding your interests in light of such delays:

• Contractual Safeguards: Our legal practitioners draft and rigorously review Sale and Purchase Agreements to incorporate stringent clauses that mitigate risks associated with delayed handovers, thus protecting your financial position.
• Proactive Delay Management: In instances of delay, our attorneys engage with developers to renegotiate terms that enforce adherence to new, realistic handover dates and seek reparation for any resultant inconvenience or financial burden imposed on our clients.
• Legal Enforcement: Where negotiation fails to yield a satisfactory resolution, we are equipped to pursue rigorous legal avenues to enforce compliance with contractual terms and secure appropriate compensation for our clients.
• Regulatory Compliance and Guidance: Our services extend to ensuring full compliance with the prevailing real estate regulations of the UAE, which advocate for the protection of purchasers’ rights. We provide advisory services to navigate these legal landscapes effectively.

• Contract / Terms Negotiation: Providing step-by-step guidance and legal advice throughout the buying or selling process.
• Legal Drafting and Reviewing: Drafting, clarifying, and reviewing legal documents such as Reservation / Booking forms, special Power of Attorney’s (PoA’s), Sales and Purchase Agreements (SPA), or Memoranda of Understanding (MOU).
• Due Diligence: Verifying legal property documents, example certificate of title.
• Transaction Estimate / Cost: Calculating all relevant, sometimes not even anticipated, costs and taxes associated with the end-to-end transaction. Among some are the cost associated with Initial Deposit, Government Fees to DLD and RERA, Service Fees, Agency Fees, all relevant Mortgage fees applicable by DLD and in case the transaction is not cash based.
• Mortgage Considerations: Coordinating with banks for mortgages and liaising with the developers or the management firms for necessary approvals.
• Legal Representation: Legally representing the client’s interests in dealings with various institutions and individuals.
• The essential role of Conveyancing in the UAE

Discrepancies in the saleable area of a property are not uncommon and can pose considerable financial and legal challenges.
We are adept at resolving these issues, ensuring that our clients receive the property dimensions stipulated in their purchase agreements.
Our approach combines negotiation, mediation, and, where necessary, legal action:

• Comprehensive Contract Review: Our legal team meticulously examines your property agreements, focusing specifically on clauses related to the saleable area. This ensures all stipulations are clear and enforceable, setting a solid foundation for addressing any discrepancies.
• Negotiation and Mediation: Initially, we seek to resolve discrepancies through negotiation and mediation with developers or sellers. We aim to reach an amicable solution that adjusts the purchase price or alters the terms to compensate for any variance.
• Legal Enforcement: Should negotiations fail to produce a fair resolution, our team is prepared to take necessary legal steps. We pursue appropriate legal avenues to enforce the contract and ensure fair compensation for our clients, safeguarding their interests throughout the process, ensuring they are not left at a disadvantage.
• Regulatory Guidance: We ensure that all proceedings adhere to the local real estate regulations concerning property size and saleable area disclosures. Our firm provides expert guidance to navigate these regulations effectively and protect your investment.
• Success Case .

Navigating disputes between landlords and tenants requires a nuanced understanding of real estate law, especially given the complex regulatory environment surrounding rental agreements.
At Motei and Associates, we provide comprehensive legal services aimed at resolving such disputes, ensuring both parties’ rights are respected and upheld:

Contractual Review and Negotiation: Our attorneys rigorously assess rental agreements to identify potential areas of conflict before they arise. We offer strategic negotiation services to establish fair and legally sound contracts that protect our clients’ interests.

• Dispute Resolution: We specialize in mediating conflicts that may emerge between landlords and tenants, including issues related to rent increases, maintenance obligations, and lease terms. Our goal is to achieve resolutions that minimize disruption and cost, while preserving the relationship between the parties involved.
• Litigation Services: Should mediation fail, our team is prepared to represent our clients in court. We pursue all legal avenues to enforce contract terms, secure damages, or defend against unfounded claims, depending on our client’s position as either landlord or tenant.
• Regulatory Compliance and Advisory: We ensure that all landlord and tenant engagements comply with UAE real estate laws, including those specific to different Emirates. Our experts provide ongoing advice to keep clients informed of their rights and responsibilities under the law. Success case

The UAE is a magnet for real estate investment, with numerous off-plan projects being launched yearly, attracting both global and local investors.

Many of these investors encounter post-handover disputes, including construction defects, delays in completing amenities, discrepancies in property specifications, and non-compliance with promised quality standards.

We tailor our approach to each case; we aim to negotiate with developers to rectify these issues, however, when necessary, we pursue legal action to enforce contract terms to protect our clients’ rights.

Disputes between Sellers and Buyers in Real Estate transactions can significantly derail the progress and outcomes of property deals. We specialize in resolving these conflicts reach a satisfactory resolution through:

• Mitigation and Early Intervention: We proactively address potential conflicts between buyers and sellers by identifying and mitigating issues at the earliest stages of a transaction. Our approach focuses on clear communication and detailed contract reviews to prevent misunderstandings and disputes before they escalate.
• Skilled Negotiation: Our legal team excels in mediating disputes involving misrepresentations, non-disclosure, and contract breaches, striving to resolve issues amicably and protect our clients’ interests without resorting to litigation.
• Legal Action: If negotiation fails to resolve the dispute effectively, we are prepared to take decisive legal action. Our attorneys have extensive experience in real estate litigation and are adept at pursuing claims in court to enforce contract terms, secure damages, or obtain other legal remedies.
• Continuous Legal Advice: Throughout the dispute resolution process, we provide ongoing legal advice to ensure that our clients are fully aware of their rights and options. We guide our clients through the legal complexities of real estate transactions, helping them make informed decisions every step of the way.

At Motei and Associates, we provide specialized services to draft and manage real estate-specific powers of attorney, enabling a trusted agent to handle property transactions on behalf of the owner (principal).
This is crucial for those unable to manage their property directly or attend key transactions due to being overseas, work commitments, or health issues. We offer specialized services to draft and manage real estate-specific powers of attorney, ensuring that your property and legal interests are diligently represented and protected:

• Tailored Power of Attorney Drafting: Whether for buying, selling, managing, or leasing property, we ensure that the powers granted are precise and suited to your specific circumstances, specifically tailored to the unique needs of your real estate transactions.
• Legal Representation: With a real estate specific PoA, our attorneys can act on your behalf in a variety of transactions and situations, ensuring that your legal and financial interests are upheld. This includes signing documents, attending closings, and managing other critical aspects of property transactions.
• Revocation and Modification Support: Should your circumstances change, we provide services to modify or revoke a PoA. This ensures that your document always reflects your current needs and intentions, providing flexibility and control over your real estate assets.
• Ongoing Advisory: Our team provides ongoing advice regarding the effective use of a PoA in real estate transactions, helping you to understand when and how it can best serve your interests. We guide you through the process, ensuring clarity and peace of mind.

We craft residential tenancy contracts with a focus on precision and foresight, particularly emphasizing areas that commonly lead to disputes. Our goal is to tailor each agreement to effectively safeguard the interests of both landlords and tenants by clearly defining terms and responsibilities.
We focus on key elements to minimize potential conflicts:

• Rent Details: We specify the rent amount, acceptable payment methods, and the frequency of payments. This includes detailed provisions for rent adjustments to ensure clarity and prevent future disputes.
• Security Deposits: We outline the procedures for handling security deposits, including the conditions under which they can be withheld and the process for their return. Clear terms help avoid misunderstandings related to financial obligations.
• Lease Duration: Our contracts clearly state the start and end dates of the lease, along with terms for renewal. This ensures both parties understand the duration commitments and the conditions under which the lease can be extended.
• Tenant and Landlord Obligations: We detail the responsibilities of each party, including property maintenance, allowable uses of the property, and any restrictions. This clarity ensures that both parties know their duties and helps maintain the property’s condition and value.
• Termination Clauses: Together we define the conditions under which the lease may be terminated early by either party, including the required notice periods and any penalties. This provides a clear legal framework for ending the lease if necessary.
• Dispute Resolution: We advise and incorporate procedures for addressing disagreements or breaches of contract. By establishing mechanisms for mediation or arbitration, we provide a pathway for resolving issues amicably and efficiently, reducing the need for litigation.

At Motei and Associates, we handle the sensitive matters of transferring Property Ownership after the death of an owner.

Our dedicated probate practice ensures that the transition of real estate assets is conducted smoothly and following the deceased’s wishes, whenever this has been done via a will, or under the relevant laws in the absence of a registered final will.

For comprehensive support and expert guidance through the probate process, please visit our specialized Probate Practice page for more details and assistance.