UAE Civil Transactions Law

Article 1179

Book Three: Original Real Rights (in Rem) · Section One: Right of Ownership · Chapter Three: Modes of Acquiring Ownership · Part Six: Pre-emption (Shuf‘a) · First: General Provisions

1. If the property subject to the right of pre-emption is sold multiple times and the pre-emptor is unaware of the multiple sales, or is aware thereof but absent, they shall have the option to take it in pre-emption for the price of any such sales. They shall pay that price to the purchaser in whose possession the property is, even if it is less than what that purchaser paid, and the purchaser shall have recourse against the seller for the excess. If the pre-emptor is aware of the multiple sales and is present, they shall take it only at the price of the last sale. 2. If the pre-emptor takes the property by virtue of a sale, the subsequent sales shall be invalidated and the prior ones shall remain valid, the person whose sale was invalidated shall have recourse against the seller for the price they paid, not for the value of the property. 3. In all cases, if a defect appears in the immovable property or a claim of entitlement arises, the warranty for its price shall be borne by the purchaser whose sale was taken by pre-emption.

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