Sources reviewed
Identify the competing right
The seller’s warranty covers an earlier third-party right or one derived from the seller. A buyer sued over title must promptly notify the seller so the seller can intervene. Late notice can defeat recourse if the seller shows that timely intervention would have defeated the claim. [1]
Give enough information to defend
Send the pleading, case reference, hearing date and disputed plan. Check whether the claimant seeks the whole parcel or a narrow strip. The seller may have an old release or evidence of mismatched plot numbers. Request it early and keep proof of notification. Where a third-party claim to a right in rem requires changing the register, submit proof of notation for the claim to be heard. The buyer’s notice to the seller serves a separate purpose. First confirm designation of the area and completion of first registration for this parcel. [3]
Handle the unpaid balance separately
Where the filed claim rests on a qualifying right, article 349 allows withholding the price pending suitable security. The seller can instead ask the court to direct deposit with the designated body. Reconcile the instalment ledger before taking a position on the amount still payable. [1]
Temporal scope · 2026-10-30
The Law took effect 180 days after official publication. It generally reaches earlier events, except where a party invokes a conflicting pre-existing statutory rule or judicial principle applicable to the event, or a claim-barring period had already started. Separate registration and jurisdiction requirements still apply. [2]
Sources
- نظام المعاملات المدنية | Civil Transactions Law 330–331, 349
- مرسوم الإصدار ونفاذ النظام · Enacting decree and commencement Royal Decree M/191, clauses IV–V; Civil Transactions Law, art. 721
- نظام التسجيل العيني للعقار | Law of Real Estate Registration 7, 16
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