Down Payment Contract Template for United Arab Emirates

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Down Payment Contract

I need a Down Payment Contract for a commercial property purchase in Dubai, where the buyer will pay 20% upfront by March 15, 2025, with provisions for refund if the property fails government inspection.

Document background
The Down Payment Contract is a crucial legal instrument used in the United Arab Emirates to formalize advance payments in various commercial and civil transactions. This document is essential when one party needs to make an advance payment to another as part of a larger transaction, such as property purchase, construction projects, or procurement of goods and services. The contract, governed by UAE law, particularly Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Transactions Law), provides a legal framework for managing down payments, protecting both parties' interests, and establishing clear terms for refund or forfeiture. It is commonly used in real estate transactions, manufacturing orders, construction projects, and other commercial arrangements where advance payments are standard practice in the UAE market.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details if companies

2. Background: Context of the agreement, including the purpose of the down payment and reference to the main transaction it relates to

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Down Payment Amount: Specific amount of the down payment, currency, and payment method

5. Payment Terms: Detailed terms including payment deadline, payment method, and bank account details

6. Purpose and Application: Explanation of how the down payment will be applied to the total purchase price or transaction

7. Rights and Obligations: Specific rights and obligations of both parties regarding the down payment

8. Refund Conditions: Circumstances under which the down payment would be refundable or non-refundable

9. Default and Remedies: Consequences of default by either party and available remedies

10. Governing Law: Specification of UAE law as the governing law and relevant jurisdiction

11. Notices: How and where official communications between parties should be sent

12. Entire Agreement: Confirmation that this document represents the complete agreement regarding the down payment

Optional Sections

1. Foreign Currency Provisions: Required when the down payment is made in a currency other than AED, specifying exchange rates and currency risk allocation

2. Shariah Compliance: Required when the contract needs to comply with Islamic finance principles

3. Multiple Payment Installments: Required when the down payment is to be paid in multiple installments rather than as a single payment

4. Property Description: Required when the down payment relates to a real estate transaction

5. Force Majeure: Optional clause dealing with unforeseen circumstances that might affect the contract

6. Confidentiality: Required when sensitive commercial information is involved

7. Assignment: Required when either party needs the right to assign their rights or obligations under the agreement

8. Language Precedence: Required when the contract is in both English and Arabic, specifying which version prevails

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and dates if multiple installments are involved

2. Bank Details: Complete banking information for making the down payment

3. Property Details: If related to real estate, detailed description of the property including title deed information

4. Main Agreement Terms: Key terms from the main agreement to which this down payment relates

5. Required Documents: List of documents required from either party for the down payment process

6. Authorized Signatories: List of persons authorized to act on behalf of each party regarding the down payment

Authors

Alex Denne

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

Relevant Industries

Real Estate

Construction

Manufacturing

Retail

Automotive

Industrial Equipment

Luxury Goods

Commercial Property

Residential Property

Engineering

Interior Design

Technology

Heavy Machinery

Consumer Goods

Relevant Teams

Legal

Finance

Procurement

Sales

Business Development

Operations

Real Estate

Commercial

Risk Management

Compliance

Contract Administration

Treasury

Account Management

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Sales Director

Business Development Manager

Finance Manager

Real Estate Agent

Property Manager

Commercial Director

Operations Manager

Project Manager

Account Executive

Chief Financial Officer

Compliance Officer

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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