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Legal advice - capacity to contract

Legal advice - capacity to contract

Old Apr 15th 2021, 12:41 pm
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Default Legal advice - capacity to contract

Hi all,

Unfortunately, I have just been diagnosed with severe bipolar disorder, having just emerged from what I can now see was a three-month period of mania. During this period, I made a number of reckless decisions, which were against my life goals, intentions, and desires. These include:

1) Moving to Dubai, despite having no previous interest in the middle east, and no offer of employment.
2) Selling the home I loved in London.
3) Buying two properties in Dubai, which even if I wanted, I can't afford, because without employment I can't get a mortgage.

Despite being unable to undo the sale of my home in London, which has broken my heart with regret, I'm desperate to undo some of the damage, by terminating the two Dubai property purchase contracts. Clearly, I'm severely mentally ill, and whilst I have now moved from mania to depression, and can therefore see my mistakes for what they are, I signed the contracts in a state where I had no capacity to make major decisions. Does the law in UAE take mental health into account when considering my capacity to contract?

Any advice would be hugely appreciated.

Kind regards
James

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Old Apr 15th 2021, 1:15 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by JamesPenguin View Post
Hi all,

Unfortunately, I have just been diagnosed with severe bipolar disorder, having just emerged from what I can now see was a three-month period of mania. During this period, I made a number of reckless decisions, which were against my life goals, intentions, and desires. These include:

1) Moving to Dubai, despite having no previous interest in the middle east, and no offer of employment.
2) Selling the home I loved in London.
3) Buying two properties in Dubai, which even if I wanted, I can't afford, because without employment I can't get a mortgage.

Despite being unable to undo the sale of my home in London, which has broken my heart with regret, I'm desperate to undo some of the damage, by terminating the two Dubai property purchase contracts. Clearly, I'm severely mentally ill, and whilst I have now moved from mania to depression, and can therefore see my mistakes for what they are, I signed the contracts in a state where I had no capacity to make major decisions. Does the law in UAE take mental health into account when considering my capacity to contract?

Any advice would be hugely appreciated.

Kind regards
James
Out of interest, and more helpfully... most contracts here are subject to finance, are you sure you don't have this provision? One issue is the banks will often issue a loan.

Otherwise, some other options include a one way-ticket...it's not a debt, just a defaulted sale - I doubt anyone is coming to the UK to take money off you.


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Old Apr 15th 2021, 5:06 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by Millhouse View Post
Out of interest, and more helpfully... most contracts here are subject to finance, are you sure you don't have this provision? One issue is the banks will often issue a loan.

Otherwise, some other options include a one way-ticket...it's not a debt, just a defaulted sale - I doubt anyone is coming to the UK to take money off you.
Is it possible to get a loan if you don't have a residency visa? Our chap here doesn't have one as he came without a job and is/was hunting for work. I'm not sure how his scenario works unless he was paying cash for the properties. In that case he can always resell them.
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Old Apr 15th 2021, 5:28 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by Millhouse View Post
I hope some cash was invested in girls with a skewed moral compass.
Perhaps inappropriate given the suffering I’m going through with my mental health? There’s a reason why depression kills more males my age in the UK than any other illness, it’s because you feel so bad, incapable of moving, speaking or taking care of yourself, that ending your life is a genuinely appealing prospect.
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Old Apr 15th 2021, 5:30 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by DXBtoDOH View Post
Is it possible to get a loan if you don't have a residency visa? Our chap here doesn't have one as he came without a job and is/was hunting for work. I'm not sure how his scenario works unless he was paying cash for the properties. In that case he can always resell them.
not sure re residency visa, but my ask is for some legal guidance on how my mental state impacts the legality of contracts I signed whilst incapable of making sound judgements.
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Old Apr 15th 2021, 5:36 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by Millhouse View Post
Out of interest, and more helpfully... most contracts here are subject to finance, are you sure you don't have this provision? One issue is the banks will often issue a loan.

Otherwise, some other options include a one way-ticket...it's not a debt, just a defaulted sale - I doubt anyone is coming to the UK to take money off you.
All good thoughts. I am considering defaulting, because the contract just says I lose my 10%. However, 70k, plus god knows how much for living expenses, probably 30-50k, is a hell of a lot for me, and the anxiety of potentially losing that money is making my mental health even worse. If the contracts were invalidated by my mental incapacity at the time of signature, I could go back to the UK and rebuild my life slowly with the money I have left.

Bipolar mania is perhaps even more evil than the depression side of the coin, because whilst my mum, fiancé and friends were concerned by my behaviour, no one was that concerned that they called a doctor, and no-one could legally stop me wrecking my life. All the while I was completely oblivious to my altered state of mind. When I came out of it, I was horrified, and still am, by what I’ve done.
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Old Apr 15th 2021, 5:48 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by JamesPenguin View Post
not sure re residency visa, but my ask is for some legal guidance on how my mental state impacts the legality of contracts I signed whilst incapable of making sound judgements.
I'd be surprised if you get any sympathy or advice from banks / finance companies in UAE.
It's not the place to get into financial strife, especially if you have mental health concerns.
Cut your losses and leave.
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Old Apr 15th 2021, 6:47 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by JamesPenguin View Post
All good thoughts. I am considering defaulting, because the contract just says I lose my 10%. However, 70k, plus god knows how much for living expenses, probably 30-50k, is a hell of a lot for me, and the anxiety of potentially losing that money is making my mental health even worse. If the contracts were invalidated by my mental incapacity at the time of signature, I could go back to the UK and rebuild my life slowly with the money I have left.

Bipolar mania is perhaps even more evil than the depression side of the coin, because whilst my mum, fiancé and friends were concerned by my behaviour, no one was that concerned that they called a doctor, and no-one could legally stop me wrecking my life. All the while I was completely oblivious to my altered state of mind. When I came out of it, I was horrified, and still am, by what I’ve done.
has the 10pct been paid or cashed yet?
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Old Apr 15th 2021, 6:52 pm
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Default Re: Legal advice - capacity to contract

Originally Posted by DXBtoDOH View Post
Is it possible to get a loan if you don't have a residency visa? Our chap here doesn't have one as he came without a job and is/was hunting for work. I'm not sure how his scenario works unless he was paying cash for the properties. In that case he can always resell them.
its a flippers market ... it they are villas.

a loan without residency sounds hard. This would be my primary avenue to try and wriggle out of it. Otherwise I’d talk to the agent, they know what to do.
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Old Apr 16th 2021, 1:28 am
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Default Re: Legal advice - capacity to contract

Originally Posted by JamesPenguin View Post
not sure re residency visa, but my ask is for some legal guidance on how my mental state impacts the legality of contracts I signed whilst incapable of making sound judgements.
Hi James, I'm sorry that you're experiencing such a tough time. Re. legal guidance, I really think you need to get some professional legal advice about the options available to you. Even with the best intentions, all any of us here can really do is offer our opinions.

With so much at stake, not the least being your mental health, getting some professional advice that you can hang your hat on would be a very wise investment. Best of luck.
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Old Apr 16th 2021, 3:30 am
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Default Re: Legal advice - capacity to contract

Originally Posted by JamesPenguin View Post
Hi all,

Unfortunately, I have just been diagnosed with severe bipolar disorder, having just emerged from what I can now see was a three-month period of mania. During this period, I made a number of reckless decisions, which were against my life goals, intentions, and desires. These include:

1) Moving to Dubai, despite having no previous interest in the middle east, and no offer of employment.
2) Selling the home I loved in London.
3) Buying two properties in Dubai, which even if I wanted, I can't afford, because without employment I can't get a mortgage.

Despite being unable to undo the sale of my home in London, which has broken my heart with regret, I'm desperate to undo some of the damage, by terminating the two Dubai property purchase contracts. Clearly, I'm severely mentally ill, and whilst I have now moved from mania to depression, and can therefore see my mistakes for what they are, I signed the contracts in a state where I had no capacity to make major decisions. Does the law in UAE take mental health into account when considering my capacity to contract?

Any advice would be hugely appreciated.

Kind regards
James
Tough situation to be in, I'd echo the advise to contact a solicitor here -especially one from the UK who may be able to empathise with your situation than a local. Escaping from the obligation in the UAE is going to be a difficult proposition, I'd not expect that you'll return with all of your investment in any case. If you were unable to reverse the sale in the UK, I'd assume your chances here are even less.
Explore all options - resale, cooling off period, appeal on mental capacity etc. good luck
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Old Apr 16th 2021, 3:59 am
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Default Re: Legal advice - capacity to contract

Originally Posted by weasel decentral View Post
Tough situation to be in, I'd echo the advise to contact a solicitor here -especially one from the UK who may be able to empathise with your situation than a local. Escaping from the obligation in the UAE is going to be a difficult proposition, I'd not expect that you'll return with all of your investment in any case. If you were unable to reverse the sale in the UK, I'd assume your chances here are even less.
Explore all options - resale, cooling off period, appeal on mental capacity etc. good luck
If it’s off plan and the cheque is cashed then there is no chance. If it’s a secondary and not yet cashed, then the agent will know what to do...And they love a brown envelope.


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Old Apr 16th 2021, 4:18 am
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Default Re: Legal advice - capacity to contract

Originally Posted by Millhouse View Post
If it’s off plan and the cheque is cashed then there is no chance. If it’s a secondary and not yet cashed, then the agent will know what to do...And they love a brown envelope.
Yeah true, he's going to have to pay the agent his commission. You are right on the first case, I'd assume no chance - it will have disappeared into the big corporate mechanism.
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Old Apr 17th 2021, 7:27 am
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Default Re: Legal advice - capacity to contract

The problem in this region is that the ability to go to court, win and enforce the judgement is very much a long haul affair without much certainty of a positive result. If there is a quick option, even if financially painful, may be better than a protracted legal dispute in this region which can drain you.
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Old Apr 17th 2021, 3:41 pm
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Default Re: Legal advice - capacity to contract

In Dbai you are surrounded by wolves. Pack up amnd ead back wqhwnce you came
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