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.
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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
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
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
Relevant legal definitions
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Relevant Industries
Real Estate
Property Development
Construction
Hospitality
Retail
Commercial Property
Residential Property
Industrial Property
Property Investment
Asset Management
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Operations
Facilities Management
Property Management
Asset Management
Investment
Business Development
Contract Administration
Relevant Roles
Real Estate Manager
Property Lawyer
Legal Counsel
Property Developer
Asset Manager
Real Estate Agent
Property Consultant
Compliance Officer
Risk Manager
Contract Manager
Real Estate Investment Manager
Property Operations Manager
Facilities Manager
Transaction Manager
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