18/04/2026
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18/04/2026
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KUWAIT CITY, April 18: In a case highlighting loopholes in unregistered real estate transactions, the Court of First Instance ruled in favor of a buyer, confirming the validity of a sales contract for a residential apartment. This ruling followed a dispute arising from the seller’s failure to officially transfer ownership of the property, despite signing a customary contract through the real estate company. Case details revealed that the property owner sold an apartment under the customary contract that included a clause obligating the seller to register it under the plaintiff’s name with the Land Registry.
Nevertheless, the seller failed to take the necessary steps to transfer ownership, prompting the plaintiff to take legal action. Attorney Jarrah Al-Malek, who represented the plaintiff, disclosed that the ruling affirmed the validity of the sales contract based on its provisions on requiring the seller to register the property. He emphasized the importance of taking legal action to guarantee the rights of buyers in such cases. He warned about the dangers of neglecting to register sold properties, especially in partial sales such as apartments, shops or land shares.
He pointed out that many real estate companies or offices conclude contracts without completing official registration procedures, exposing buyers to serious legal risks. He emphasized the need for buyers to resort to the courts if the seller refuses to register the property, ensuring their rights are secured before further disputes arise, especially if the property is mortgaged to a financial institution. He stressed that failing to register the property in the buyer’s name could allow banks or creditors to take legal action against the original owner in case of default, including selling the property at auction. He said this could lead to the loss of rights for buyers whose ownership is not officially documented.
By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff
