The Investment and Trade Court has ruled in favour of a buyer in a dispute over the ownership transfer of a residential unit in Lusail.
The court upheld the validity and enforceability of the final sale contract and ordered the selling company and main developer to take all necessary procedures to transfer and register the unit under the buyer’s name at the Department of Real Estate Registration at the Ministry of Justice.
The case was filed after the buyer purchased the residential unit under a final sale contract and paid the full price, along with the required registration fees. However, the ownership transfer and registration procedures were not completed despite the buyer fulfilling all financial obligations.
Before taking the case to court, the buyer had sent notices to the concerned parties and approached the Real Estate Development Dispute Resolution Committee. However, the committee ruled that it had no jurisdiction because the selling company was not registered in the real estate developers’ register.
Representing the buyer, lawyer Ibrahim bin Mohammed Boumatar argued that his client had fulfilled all contractual obligations, including payment of the full unit price and required fees, while the legally responsible parties failed to complete the ownership transfer procedures.
In its reasoning, the court stated that a claim for the validity and enforceability of a sale contract aims to compel the seller to fulfil obligations that lead to the transfer of ownership. The court also noted that it has the authority to examine the validity of the contract and whether it meets its legal requirements.
The court found that the disputed sale contract was valid and complete, and that the buyer had paid the full price, giving him the right to have ownership transferred.
It also noted that real estate development law requires developers to register sold units under the names of buyers who have fulfilled their obligations, and that the ownership transfer in this case requires cooperation from both the selling company and the main developer, each according to their legal responsibility.
The court rejected the buyer’s compensation claim, stating that he had not proven the required elements of damage, including any inability to sell or lease the unit due to the delay in ownership transfer.
The court therefore ruled that the sale contract is valid and enforceable, and ordered the selling company and main developer to complete all procedures needed to transfer and register the unit in the buyer’s name, while rejecting all other claims.
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