In the UAE, a claim of fraud in a real estate sale is a legal action taken when one party claims that the real estate contract they signed contains gross fraud or exploitation, meaning that one party has been significantly wronged as a result of the terms of the contract or the sale price compared to the actual market value of the property.
It is a civil lawsuit aimed at protecting a party who has been subjected to gross injustice or clear exploitation during the conclusion of a sales contract. UAE law focuses on achieving justice between parties and preventing exploitation, particularly in real estate contracts, given their significant importance and high financial value.
Fraudulent real estate sales cases are among the most serious in the UAE. To learn about the terms and procedures for filing a fraudulent real estate sales lawsuit in the UAE, read on in the following article, which explains this.
Conditions for a claim of fraud in the sale of real estate in the UAE
Conditions for filing a lawsuit for fraud in the sale of real estate and The required conditions must be met according to the provisions of the UAE Civil Transactions Law and Civil Procedure Law, which are as follows:
Condition of qualification in the lawsuit: That is, the lawsuit must be filed by a person with legal standing, namely the person who was wronged in the property sale contract, or the lawsuit must be filed by his legal representative.
Condition of eligibility in the lawsuit: That is, the lawsuit must be filed by a person qualified to file it. It may not be filed by a minor or an insane person, nor may it be filed by a legal person, whether a company or an institution. Rather, the lawsuit must be continued by the attorney in this case.
The condition of interest in the lawsuit: The interest condition is evident in the lawsuit when the plaintiff is subjected to gross injustice that causes him harm and gives him the right to demand the annulment of the contract or compensation.
It stressed that there must be deception by the aggrieved party against the aggrieved party, including the use of actual or verbal fraudulent means that induce the other contracting party to agree to conclude the contract.andThe plaintiff must prove his claim and that he was a victim of gross injustice, based on the legal provisions contained in the UAE Civil Transactions Law.
- The request for termination must be made during the life of the contracting party.
- The contracted item has not been disposed of.
The lawsuit must be filed by means of a statement of claim containing the main data in accordance with the provisions of the UAE Civil Procedure Law.
Fraud claim in the sale of real estate in the UAE ,Procedures for a lawsuit for fraud in the sale of real estate
The plaintiff can file a lawsuit to invalidate a sale contract due to fraud by following these steps:
- Determining the competent court to consider a claim of fraudulent sale of real estate: It is the court within whose jurisdiction the disputed property is located.
- Preparing the claim form including the main data: The most important of these are the defendant’s information, the subject and facts of the lawsuit, the plaintiff’s requests, the documents and supporting evidence in the lawsuit, and finally the signature of the plaintiff or his legal representative and the date of writing the lawsuit.
- Attach all necessary evidence to the lawsuit: The most important of these is the sales contract concluded between the seller and buyer regarding the property, and the inclusion of a statement estimating the prices of real estate in the area, which demonstrates the existence of gross fraud.
- Submit the claim form with all evidence to the competent court administration: Which ensures that all necessary data is completed in the lawsuit, and in the event that it is not completed, it returns the newspaper with the completed data.
- After accepting the claim, the competent court administration registers it and gives it a paper number and an electronic number.
- The plaintiff pays the fees due for the lawsuit: The court administration notifies the defendant of the lawsuit.
- The plaintiff must submit his defenses three days before the date of the first hearing.
- The plaintiff must attend the trial sessions, otherwise the case will be dismissed..
- The defendant must also be present to avoid a judgment being issued against him in absentia without him presenting his defenses.
After the court is fully convinced of the necessity of issuing a ruling, it issues its ruling, which is subject to appeal.
Exceptions to the claim of fraud
- If the affected party has clearly agreed to the price and has knowledge of the market value.
- If the injustice is not excessive and significantly affects contractual justice.
- If the contract includes an express clause that there is no objection to the price.
The importance of hiring a lawyer
Because fraud cases in real estate sales can be complex and require legal expertise in interpreting contracts and proving damages, it is always recommended to seek the assistance of a qualified attorney to ensure the best possible presentation of the case.
conclusion
The fraud claim in the UAE is a legal tool to protect parties from exploitation in real estate contracts. However, the chances of success depend on the evidence presented, the legal procedures followed, and the circumstances of each individual case.
