The Importance of Reviewing Property SPAs and Legally Double-Checking the Entire Property Purchase Process in the UAE

The Importance of Reviewing Property SPAs and Legally Double-Checking the Entire Property Purchase Process in the UAE

Purchasing a property in the United Arab Emirates—whether in Dubai, Abu Dhabi, Sharjah, or any other emirate—is an exciting milestone, but it is also a complex legal and financial commitment. Each real estate transaction is governed by strict regulations, developer obligations, escrow rules, handover conditions, mortgage requirements, and contractual responsibilities.Because of this, a comprehensive legal review of the Sales and Purchase Agreement (SPA) and the entire purchase process is not only recommended—it is essential.

At Anett Pertl Legal Consultants, we help clients understand the legal landscape behind property transactions and protect their interests every step of the way.

1. Why the SPA (Sales and Purchase Agreement) Must Always Be Reviewed

The SPA is the core legal document that defines your rights as a buyer. It governs:

• Payment schedules and penalty clauses

• Handover conditions and timelines

• Defect liability periods (DLP)

• Service charges and maintenance obligations

• Developer responsibilities regarding utilities (DEWA/ADDC), completion certificates, and building warranties

• Delayed delivery compensation and cancellation rights

• Mortgage-related restrictions and NOC requirements

• Post-handover payment plans and risks

Many SPAs contain vague or developer-friendly clauses that may expose the buyer to risks such as unexpected fees, construction delays, insufficient liability protection, or unclear refund rights.

A legal review ensures:

• The contract protects the buyer’s rights.

• Hidden risks or unfavourable terms are identified.

• Modifications or clarifications are requested before signing.

• You fully understand what you are committing to—financially and legally.

2. The Property Purchase Process—Why Every Step Should Be Double-Checked

The UAE property transfer process varies depending on the emirate, developer, mortgage bank, and whether the purchase is off-plan or secondary market.A legal expert ensures every step is properly completed and compliant.

Key Stages Where Legal Assistance Is Crucial:

Pre-contract due diligence

• Checking the developer’s licence and RERA/DLD registration

• Validating escrow accounts and project status (for off-plan)

• Verifying the seller’s ownership and mortgage liability (for secondary market)

SPA & Addendum Review

• Identifying unfair clauses

• Protecting against delays or construction quality issues

• Ensuring clear terms for handover, payment, and termination

Mortgage and Bank Approvals

• Reviewing the bank’s offer letter (OOL)

• Confirming eligibility and restrictions

• Ensuring the SPA aligns with mortgage requirements

NOC and Handover Process

• Ensuring no hidden outstanding payments

• Checking service charge estimates

• Reviewing handover documents and snagging rights

Title Deed Transfer

• Ensuring all DLD fees, trustee steps, and identification documents are correct

• Avoiding last-minute obstacles that delay ownership transfer

Post-Completion Support

• Tenancy contract drafting

• Short-term rental (Holiday Home) licensing

• Ownership restructuring (free zone company, foundation, etc.)

3. Common Issues Buyers Face Without Legal Review

• Unexpected delays in handover without proper compensation

• Post-handover payment plan risks leading to developer penalties

• Unclear mortgage consequences if the buyer defaults

• Service charges significantly higher than expected

• Insufficient protection in case of construction defects

• Developers charging additional fees not mentioned upfront

• Weak termination or refund clauses

• Buyers signing incorrect documents under pressure

Most of these issues can be prevented with professional legal review.

4. How Anett Pertl Legal Consultants Can Help

As a fully licensed Dubai firm under the Dubai Legal Affairs Department, we provide comprehensive assistance throughout the entire purchasing journey:

Full SPA Review + Written Legal Opinion

Clear explanation of risks and recommended changes.

Step-by-Step Legal Support From Offer to Title Deed

We act on the buyer’s side to ensure compliance and protect their interests.

Mortgage Guidance and Bank Correspondence

Coordination with banks, trustees, and developers.

Representation During Handover and Snagging

Ensuring everything is documented before you accept the property.

Post-Purchase Structuring Advice

Company ownership, foundations, gifting, wills, and inheritance planning.

Conclusion

Buying a property in the UAE is a major investment. A legally sound approach from the start prevents risks, unexpected expenses, and future legal disputes.A professional SPA review and legal double-check of the entire process ensures that your purchase is safe, compliant, and aligned with your long-term goals.

At Anett Pertl Legal Consultants, we are here to guide you with confidence, clarity, and full legal protection.