Since the 1940s, most foreign nationals who had an inclination
to purchase real estate abroad have shied away from buying
such property in any of the countries in the Arab world. There
are two primary reasons why so many foreign nationals historically
have avoided buying real estate in Arab countries, including
in Dubai.
First of all, as news reports have recounted over the course
of the past sixty years, the Arab world is far from being
the most stable region in the country. Wars and violence have
been common occurrences within that corner of the world.
The second reason why so many foreign nationals have avoided
buying and owning real estate in the Arab world rests in the
fact that the laws governing the ownership of real estate
in many of these countries has been complicated and structured
in such a way that it overtly discouraged foreign investment
in real estate. Indeed, many countries that make up the Arab
world have prohibited foreign ownership of real estate during
much of the past fifty to sixty years -- including to the
present day.
With all of that said, Dubai has been on the vanguard of creating
foreign-friendly real estate laws that encourage the investment
in real estate by foreign nationals. First and foremost, the
laws in Dubai have been reformed to make it abundantly clear
that a foreign national can purchase and own outright real
estate within that country. A foreign national can obtain
a freehold interest (as has been discussed previously) in
real estate in Dubai.
In Dubai, the first step in buying real estate is an oral
offer to a seller. In Dubai, a foreign national needs no special
permission to make the purchase of real estate in that country.
In addition, unlike some countries (including some in the
Middle East region of the world), a foreign national can own
real estate directly and does not have to bounce through an
extra set of hoops towards the goal of buying and holding
real property.
Following the acceptance of the oral offer, an initial real
estate sales contract is drafted and executed between the
parties. A deposit -- in an amount negotiated by the parties
-- is placed at this time by the buyer to the seller. Generally
speaking, the deposit is not refundable unless the seller
of the property is unable to convey ultimately the real estate
to the buyer. In other words, barring some snafu by the seller,
a buyer will lose his or her deposit if he or she backs out
of the contract.
In Dubai, a mortgage lender from nearly any country in the
world can provide financing for the purchase of real estate
in that country. What one needs to bear in mind when
buying
property in the United Arab Emirates is that many times a lender will require
collateral beyond the property located in Dubai, beyond the
real estate being purchased. In most real estate transactions
the world over, the only collateral the lender requires for
a mortgage loan is the real estate itself that is buying purchased.
However, when a foreign national is making the purchase of
real estate in Dubai, a mortgage lender in most instances
will require collateral beyond the actual real estate situated
in Dubai that is being purchased.
The primary reasons for the requirement for additional collateral
when obtaining a loan to purchase real estate in Dubai include
the general instability in the region. There is a concern
on the part of some mortgage lenders that something might
cause a disruption in Dubai that might effect the real estate
collateral in that country. Thus, the typical lender will
want additional collateral for any loan. Additionally, while
the real estate related laws in Dubai are very liberal, there
is always some concern that a new regime might take control
of the country causing a disfavor able alteration in the real
estate laws in that country. Again, for that reason, lenders
desire additional protective collateral in regard to the purchase
of real estate in Dubai.
With this in mind, when purchasing real estate in Dubai, it
is imperative that a potential purchaser makes certain that
he or she has access to other property that can be used as
additional collateral for the purchase or real estate in that
nation.
Once the various requirements of the initial contract are
satisfied -- the buyer obtaining financing, the seller making
certain that the property is free of any encumbrances that
might prevent a conveyance to the buyer -- a final contract
is executed, the remaining money due to the seller is paid
and a deed for the property is given to the buyer who will
become the new owner of the real estate at that juncture .
Property Abroad always recommends using a
Solicitor
or Lawyer