Waiver
Synonyms: right relinquishment، abandonment of right، disclaimer of right، voluntary forfeiture، claim release clause
Last updated: 2026-05-10
Short Definition
One party giving up right in contract, must be explicit and clear, may be for compensation or without, documented in writing.
Overview
Legal Basis
The provisions governing waiver in Saudi real estate contracts are based on the principles of right relinquishment in Islamic jurisprudence and the provisions of the Civil Transactions Law concerning the extinguishment of contractual rights by unilateral will.
Practical Example
Sami Al-Nahdi signed a five-year commercial shop lease in Abha. The contract included a waiver clause stating that the tenant waives his right to object to any rent increase below 5% annually, provided he is notified 60 days in advance. In the third year, the landlord raised the rent by 4.5%, and Sami objected on the grounds that the clause violated the RERI rent index rules. REGA examined the matter and ruled that the waiver clause was valid and effective as long as the waived increase did not exceed what the regulations permit, and Sami had been notified of the increase within the agreed period.
Common Mistakes
- ✗Waiving a right without realizing the waiver may be permanent rather than temporary if its scope is not defined
- ✗Believing that an implied waiver resulting from repeated conduct has no legal effect
- ✗Including a blanket waiver clause that extinguishes unspecified future rights, exposing it to nullity
- ✗Waiving a public-order right such as the right to register the contract on Ejar, believing the waiver to be valid
- ✗Failing to specify whether the waiver is revocable or final, which generates later disputes
International Differences
In the UAE, both express and implied waivers are recognized in tenancy contracts with specific requirements for waiving RERA-protected rights. In Turkey, the Turkish Code of Obligations severely restricts the possibility of advance waiver of tenant rights in residential tenancy contracts to protect the weaker party. In Egypt, civil law applies the theory of implied acknowledgment of right, which extinguishes the right to subsequent objection. In the UK, the doctrine of Promissory Estoppel governs implied waiver and prevents its revocation in certain circumstances. In the US, a distinction is drawn between Waiver and Estoppel as two complementary but not identical mechanisms.