UAE Civil Transactions Law

Article 488

Book Two: Nominate Contracts · Section One: Contracts of Transfer of Ownership · Chapter One: Contract of Sale · Part Two: Effects of Sale · 3. Warranty Against Disturbance

1. If part of the subject matter of the sale is subject to entitlement before the purchaser has taken possession of the whole thereof, the purchaser may return what they have possessed and recover the price, or accept the sale and claim the price corresponding to the entitled part. 2. If part of the subject matter of the sale becomes subject to entitlement after the purchaser has taken possession of the whole thereof, and the entitlement causes a defect in the remainder, the purchaser may return it and have recourse against the seller for the price, or retain the remainder for a proportionate part of the price. If no defect is caused and the entitled part is the lesser part, the purchaser shall have no right other than recourse for the proportionate value of the entitled part. 3. If it appears after the sale that the subject matter of the sale is subject to a third-party right, the purchaser shall have the option to either await the removal of such right or to rescind the sale and recover the price from the seller. 4. If judgment is rendered establishing entitlement to the subject matter of the sale, and the entitled party authorizes the sale, they may have recourse against the seller for the price and the subject matter of the sale shall be freed from the third-party right in favor of the purchaser. 5. With respect to easement, it shall be presumed that the seller has stipulated an exclusion of warranty if the easement was apparent or if the seller had disclosed it to the purchaser.

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