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The Agreement of Sale Without Possession is a specialized contract format used in the United Arab Emirates real estate market when there is a need to separate the sale transaction from the physical transfer of property possession. This arrangement is common in off-plan property purchases, pre-sale agreements, or situations where the property requires completion or vacation by existing occupants. The document is structured to comply with UAE federal and emirate-specific property laws, providing comprehensive coverage of payment terms, possession conditions, risk allocation, and registration requirements. It includes specific provisions required under UAE law for property transactions, including necessary representations and warranties, default remedies, and dispute resolution mechanisms. This type of agreement is particularly relevant in the UAE's dynamic real estate market, where property transactions often involve future developments or phased handovers.

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background: Context of the sale, brief description of the property, and explanation of the delayed possession arrangement

3. Definitions: Key terms used throughout the agreement, including technical terms, property description, and possession-related definitions

4. Sale and Purchase: Core terms of the sale, including property description, purchase price, and confirmation of the parties' intention to enter into a binding sale

5. Purchase Price and Payment: Detailed payment terms, installment schedule if applicable, and payment mechanisms

6. Possession Terms: Specific provisions regarding when and how possession will be transferred, conditions precedent to possession

7. Seller's Obligations: Responsibilities of the seller until possession transfer, including maintenance and preservation of the property

8. Buyer's Obligations: Responsibilities of the buyer, including payment obligations and preparation for taking possession

9. Risk and Insurance: Allocation of risk before possession transfer and insurance requirements

10. Title and Registration: Provisions regarding property title, registration requirements, and transfer process

11. Representations and Warranties: Statements and guarantees by both parties regarding the property and their capacity to enter into the agreement

12. Default and Remedies: Consequences of breach by either party and available remedies

13. Governing Law and Jurisdiction: Confirmation of UAE law application and jurisdiction for disputes

14. Notices: Process and requirements for formal communications between parties

15. General Provisions: Standard contractual provisions including entire agreement, amendments, and severability