DIFC 012/2022
Lakshamana v Lamaria
This case involved the sale of a property and whether the seller should be able to seize the deposit because of delays in finalising the sale. There was a sitting tenant in the property whose terms the purchaser had stated they had not been fully aware of. The contract stated the deposit would be taken if a party decided to withdraw from the sale. There was no evidence of withdrawal by either party.
Background
The Claimant was Lakshamana the owner of the unit 0000 in Park Towers, DIFC, Dubai, UAE.
The Defendant was Lameria an individual who signed a sales agreement for the Unit and who lived in Dubai, UAE.
The underlying dispute arose over a sales agreement entered into between the parties dated 19 October 2021 for the sale of the Unit.
On 11 January 2022, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal seeking payment of fees allegedly owed to the Claimant by the Defendant under the Agreement 111,000 AED.
The matter was called for a Consultation before a SCT Judge and both of the parties were in attendance, but they failed to reach a settlement.