Real Estate Disputes

What do we offer in this area?

• Reviewing the disputed sale or lease contract
• Assessing your legal position and options for resolution
• Drafting notices and statements of claim in real estate cases

The scope of work and required documents are determined after reviewing the matter and agreeing on the engagement.

When Do You Need a Real Estate Lawyer?

Real estate is often the largest asset an individual owns, and disputes over it branch out among the contract, the title deed, and technical documents. The role of a real estate lawyer is to determine the nature of the dispute and the competent authority before taking any step. Common cases include:

• A tenant who is late paying rent or refuses to vacate
• A landlord who did not deliver the property or did not carry out the agreed maintenance
• A contractor who delayed performance or breached specifications
• A dispute between partners or heirs over jointly owned real estate
• A dispute over ownership, boundaries, or a defect in a sold property

Lease disputes and Ejar platform contracts

By its Resolution No. (292) dated 16/5/1438H, the Council of Ministers decided that a lease contract not registered on the "Ejar" electronic network is not to be considered a valid contract producing its administrative and judicial effects. Registered unified lease contracts, whether residential or commercial, are treated as enforcement instruments, so in many cases the landlord may file an enforcement request to claim the rent due, as described on the Judicial Enforcement page.

Substantive disputes, such as a disagreement over the validity of a contract or compensation for damages, are brought by lawsuit. As a general rule, the General Courts have jurisdiction over in rem claims relating to real estate, including eviction and rent-payment claims, though jurisdiction may differ where the dispute is between two merchants and connected to their commercial activity, so this should be checked before filing.

The construction contract and building of homes

The Civil Transactions Law regulates the construction contract as one of the named contracts alongside sale and lease. Disputes over it frequently concern the execution period, specifications, payments, and additional works. The contract, drawings, quantity schedules, delivery records, and correspondence should therefore be reviewed, and a technical report from a specialist may be required. Dated photographs of the work stages are among the most important pieces of evidence in this type of dispute, and before signing a new contract, the Contract Review Checklist is useful.

Frequently asked questions

Where Are Lease Lawsuits Filed?

If the contract is registered in Ejar and the claim is for rent due that is fixed in it, it is generally possible to submit an enforcement request to the Enforcement Court, because standard Ejar lease contracts are treated as enforcement instruments. A substantive dispute over rent, eviction, or compensation, however, is brought as a lawsuit, ordinarily heard by the General Court, and jurisdiction should be verified in each case.

What if the Lease Contract Was Not Registered on the Ejar Platform?

The Council of Ministers decided that a lease contract not registered on the electronic network is not considered a valid contract producing its administrative and judicial effects. It is therefore advisable to register the contract from the outset, and if a dispute arises over an unregistered contract, the documents, transfers, and correspondence evidencing the tenancy relationship are examined before choosing the appropriate course of action.

What Is the Period After Which a Rent Claim Will Not Be Heard?

The Civil Transactions Law set a five-year period after which a lawsuit will not be heard for recurring periodic rights, including real estate rent, without prejudice to special statutory provisions. It is therefore inadvisable to let overdue rent accumulate for years without a documented demand, and the due date of each payment should be checked when calculating the period.