UAE legal Q&As: I agreed to pay friend after sale of car but now he’s threatening to sue


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Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

I owe a friend of mine some money and I told him that I would pay him back after I sold my car. He requested I give him this in writing so I wrote a note saying I would pay him back after I sold my car and we both signed it. However, now my friend does not want to wait until I sell the car and he says he wants the money right away and is threatening to sue me. My problem is finding a right buyer for the car at the right price. I am afraid of legal action but I wanted to know if he has the right to follow through with it?

I do not think he has the right to do that, if your signed contract with him clearly states that you’ve to pay him after the car is sold. The payment after the sale of the car is what is termed a commitment suspended in condition. Civil Transaction Law 5 of 1985 covers such scenarios with very clear and transparent language. Article 420 of that law states that “the condition is a future fact upon which the existence of the act or its extinction depends on its materialisation”. As per Article 422 of the same law this would be a suspended act, which is tied up to the future event of you selling your car. Therefore, the contract enforcement is suspended until the condition occurs and will not be able to be executed unless after the condition is fulfilled. Article 427 of this law also provides similar guidance, meaning that your friend would not be successful with legal action if the contract is used as evidence.

I have a small company and somebody filed a commercial case against me. I lost the case before the court of first instance and now I want to appeal it. How long do I have to appeal?

To appeal a commercial judgment, the claimed amount needs to be more than Dh20,000, in accordance with Article 30 of Civil Procedures Law 11 of 1992 and its amendments. The appeal has to be registered within 30 days from the date of judgment, in accordance with Article 159 from the same law.

If you have a question for our lawyer, please email it to newsdesk@thenational.ae with the subject line “Know the law”.

UAE currency: the story behind the money in your pockets
Tax authority targets shisha levy evasion

The Federal Tax Authority will track shisha imports with electronic markers to protect customers and ensure levies have been paid.

Khalid Ali Al Bustani, director of the tax authority, on Sunday said the move is to "prevent tax evasion and support the authority’s tax collection efforts".

The scheme’s first phase, which came into effect on 1st January, 2019, covers all types of imported and domestically produced and distributed cigarettes. As of May 1, importing any type of cigarettes without the digital marks will be prohibited.

He said the latest phase will see imported and locally produced shisha tobacco tracked by the final quarter of this year.

"The FTA also maintains ongoing communication with concerned companies, to help them adapt their systems to meet our requirements and coordinate between all parties involved," he said.

As with cigarettes, shisha was hit with a 100 per cent tax in October 2017, though manufacturers and cafes absorbed some of the costs to prevent prices doubling.

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Yemeni government: Exiled government in Aden led by eight-member Presidential Leadership Council

Southern Transitional Council: Faction in Yemeni government that seeks autonomy for the south

Habrish 'rebels': Tribal-backed forces feuding with STC over control of oil in government territory

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Born: Sharjah

Role: Left-arm spinner

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T20 internationals: 41 matches, 29 wickets, average 30.3, economy rate 6.28

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Favourite dish: Grilled fish

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Torque: 320Nm

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When: The one-off Test starts on Friday, May 11
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Ziina users can donate to relief efforts in Beirut

Ziina users will be able to use the app to help relief efforts in Beirut, which has been left reeling after an August blast caused an estimated $15 billion in damage and left thousands homeless. Ziina has partnered with the United Nations High Commissioner for Refugees to raise money for the Lebanese capital, co-founder Faisal Toukan says. “As of October 1, the UNHCR has the first certified badge on Ziina and is automatically part of user's top friends' list during this campaign. Users can now donate any amount to the Beirut relief with two clicks. The money raised will go towards rebuilding houses for the families that were impacted by the explosion.”

UAE currency: the story behind the money in your pockets
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Tips for used car buyers
  • Choose cars with GCC specifications
  • Get a service history for cars less than five years old
  • Don’t go cheap on the inspection
  • Check for oil leaks
  • Do a Google search on the standard problems for your car model
  • Do your due diligence. Get a transfer of ownership done at an official RTA centre
  • Check the vehicle’s condition. You don’t want to buy a car that’s a good deal but ends up costing you Dh10,000 in repairs every month
  • Validate warranty and service contracts with the relevant agency and and make sure they are valid when ownership is transferred
  • If you are planning to sell the car soon, buy one with a good resale value. The two most popular cars in the UAE are black or white in colour and other colours are harder to sell

Tarek Kabrit, chief executive of Seez, and Imad Hammad, chief executive and co-founder of CarSwitch.com

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Price, base: Dh429,090

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Torque 700Nm @ 1,750rpm

Fuel economy, combined 9.2L / 100km

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Price, as tested: Dh84,000

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Transmission: Six-speed auto

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Other ways to buy used products in the UAE

UAE insurance firm Al Wathba National Insurance Company (AWNIC) last year launched an e-commerce website with a facility enabling users to buy car wrecks.

Bidders and potential buyers register on the online salvage car auction portal to view vehicles, review condition reports, or arrange physical surveys, and then start bidding for motors they plan to restore or harvest for parts.

Physical salvage car auctions are a common method for insurers around the world to move on heavily damaged vehicles, but AWNIC is one of the few UAE insurers to offer such services online.

For cars and less sizeable items such as bicycles and furniture, Dubizzle is arguably the best-known marketplace for pre-loved.

Founded in 2005, in recent years it has been joined by a plethora of Facebook community pages for shifting used goods, including Abu Dhabi Marketplace, Flea Market UAE and Arabian Ranches Souq Market while sites such as The Luxury Closet and Riot deal largely in second-hand fashion.

At the high-end of the pre-used spectrum, resellers such as Timepiece360.ae, WatchBox Middle East and Watches Market Dubai deal in authenticated second-hand luxury timepieces from brands such as Rolex, Hublot and Tag Heuer, with a warranty.

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Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.