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Lease To Purchase Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that combines both lease and purchase elements, allowing a tenant to lease a property with the option to purchase it during or at the end of the lease term. The agreement complies with UAE Federal Laws and relevant emirate-specific regulations, particularly addressing property ownership, registration requirements, and tenant rights. It details the lease terms, purchase option conditions, payment structures, and includes provisions for property maintenance, registration, and transfer of ownership in accordance with UAE real estate laws and RERA regulations.

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What is a Lease To Purchase Agreement?

The Lease To Purchase Agreement is a specialized contract used in the UAE real estate market when parties wish to combine a property lease with a future purchase option. This arrangement is particularly valuable in the UAE's dynamic property market, allowing potential buyers to occupy and evaluate a property before committing to purchase. The agreement must comply with UAE Federal Laws, including the Civil Code and Property Laws, as well as specific emirate-level regulations such as Dubai's Law No. 26 of 2007 for tenant relationships and Law No. 13 of 2008 for property registration. It's commonly used when buyers need time to arrange financing, want to test the property's suitability, or prefer a gradual transition to ownership. The document includes detailed provisions for both the lease period and purchase option, covering rent payments, maintenance responsibilities, option fees, purchase price, and the mechanism for exercising the purchase option.

What sections should be included in a Lease To Purchase Agreement?

1. Parties: Identification of lessor/potential seller and lessee/potential buyer, including full legal names, Emirates ID numbers, and contact details

2. Background: Context of the agreement, including property ownership status and parties' intentions regarding lease and potential purchase

3. Definitions: Key terms used throughout the agreement, including Property, Lease Period, Purchase Option, Option Fee, and Purchase Price

4. Property Details: Comprehensive description of the property, including location, size, type, and registration details

5. Lease Terms: Lease duration, rent amount, payment schedule, security deposit, and maintenance responsibilities

6. Purchase Option Terms: Option period, purchase price, option fee, and mechanism for exercising the purchase option

7. Payment Terms: Details of all payments including rent, option fee, purchase price, and how lease payments may be credited toward purchase

8. Property Condition: Current condition of property, required maintenance, and condition requirements for purchase

9. Exercise of Purchase Option: Process and requirements for exercising the purchase option, including notice requirements and timeline

10. Title and Registration: Provisions regarding property title, registration requirements for both lease and potential sale

11. Default and Remedies: Consequences of default under either lease or purchase provisions, available remedies

12. Governing Law and Jurisdiction: Specification of UAE law application and relevant emirate jurisdiction

13. Notices: Process for formal communications between parties

14. General Provisions: Standard contract clauses including entire agreement, amendments, and severability

What sections are optional to include in a Lease To Purchase Agreement?

1. Mortgage Contingency: Include when buyer may require mortgage financing to complete the purchase

2. Property Management: Include for properties in managed communities or with specific maintenance requirements

3. Insurance Requirements: Include when specific insurance coverage is required during lease period

4. Early Purchase Option: Include if early exercise of purchase option is permitted with specified terms

5. Broker Provisions: Include when real estate brokers are involved in the transaction

6. Sharia Compliance: Include when parties require explicit Sharia compliance provisions

7. Foreign Ownership Provisions: Include when either party is a non-UAE national

8. Service Charges: Include for properties in developments with service charges or community fees

What schedules should be included in a Lease To Purchase Agreement?

1. Schedule 1 - Property Details: Detailed property specification, including floor plans, boundaries, and included fixtures

2. Schedule 2 - Payment Schedule: Detailed breakdown of all payments including rent, option fee, and purchase price installments

3. Schedule 3 - Property Condition Report: Detailed assessment of property condition at lease commencement

4. Schedule 4 - Property Title Documents: Copies of relevant title documents and registration certificates

5. Schedule 5 - Service Charges: Details of any applicable service charges or community fees

6. Appendix A - Required Documents: List of documents required for lease registration and property transfer

7. Appendix B - Property Handover Protocol: Procedures for property handover at lease commencement and purchase completion

8. Appendix C - Notice Forms: Template forms for exercise of purchase option and other formal notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Publisher

Ƶ

Document Type

Rental Agreement

Cost

Free to use

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