What is a validity-and-enforcement lawsuit for a property contract?

What is the lawsuit?

A validity-and-enforcement lawsuit (دعوى صحة ونفاذ) is filed by a buyer who holds a signed sale contract for a property that has not been registered. The buyer asks the court to rule that the contract is valid and enforceable against the seller. If the judgment is in the buyer's favour, it is recorded at the Real Estate Publicity Department, and ownership moves into the buyer's name.

Why is registration the missing step?

Under Law No. 114 of 1946 on Real Estate Publicity, Article 9, transactions that create, transfer, change or end a real right in property must be recorded, and they bind others only from the date of recording. A signed contract proves the agreement between two people; the register proves ownership to everyone else. That gap is why buyers of unregistered units sometimes have to go to court.

When does a buyer need one?

A buyer needs this lawsuit when the seller stops cooperating before the sale is recorded. Examples include a contract that is signed but never transferred into the buyer's name, or a seller who refuses to sign the papers that registration requires. Before filing, the buyer should review the documents and their dates, because the court decides on what the papers show.

What does the court look at?

The court examines the contract, the payments made under it, and whether the seller is bound by what he signed. The lawsuit does not replace the contract. It gives the contract the force needed to be recorded. The buyer should not expect a decision on the basis of a verbal promise or a reservation receipt alone.

What should I do before filing?

Gather the signed contract, every payment receipt, the seller's identity and title documents, and any written notice you sent the seller. Ask a lawyer to check the facts, the dates and any earlier claims on the unit. Base the decision on your own documents, not on general advice.

General guidance — check with the official authority before you act.