Q: I was working in Real Estate company as an agent. Last deal I closed with commission… A: What you did is legally incorrect. This is called misappropriation…

دبي, الإمارات العربية المتحدة

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Is it legal if a real estate agent takes his commission share directly from a client?

Hi,

I was working in a Real Estate company as an agent. Last deal I closed with common commission 22,000 AED. By contract 50% - to me, 50% - to the company. Next day I found a spelling mistake in the name of the company on the cheque and I went to change it.

I received from my company Invoice for 11,000 AED (it's their commission 50%) so I broke that cheque on two cheques 50/50%. Company commission - 11,000 AED, another 11,000 AED the buyer made on my name (my commission). Then the company gave me a receipt for their commission.

Also, during 14 months I did not receive my salary. My boss did not cancel my visa.

I left to Russia after 2 weeks and my boss after 1 month opened a police case against me that I stole 22,000 AED.

I have all copies of papers and cheques. Please help me with your advice. I have in Dubai family, sister, my dog and car. And now I can not come back to Dubai because my boss wants me to pay 22,000 AED and get deported. He got his commission but he lied to police that he did not.

Police cannot reach me because my UAE SIM-card is not working in Russia. What to do??

نخات ساردر خان

كوشار أند كو إنك. مستشارون قانونيون (فرع دبى)

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7 Nov 2017, 11:51

What you did is legally incorrect. This is called misappropriation of payment.

Even if you do not receive your salary for 14 months or commission you have to file a Labour case against your employer (to be filed within one year the claim arose).

But the moment you ask the client to issue the payment directly to you (WITHOUT written approval from the company granting you the permission to do so) this is a breach of trust and misappropriation thus a criminal case before Criminal Court.

7 Nov 2017, 13:37

Well, I didn't know that. The company knew this and they gave me the invoice on 11,000AED. Then they provide for me the receipt of commission cheque 11,000 AED.

They have to inform me that this is not correct. But they didn't.

Furthermore in Police boss said that cheque on 11,000AED they didn't receive.

Please suggest me what shall I do now. Boss is not answering.

7 Nov 2017, 13:44

Yes, he will not answer. You need to engage an advocate who will take the documents you have to clear your name.

If you provide the invoice the employer gave you for 11,000AED for the client and also the receipt of commission cheque 11,000 AED it means they gave their consent. So it is safe enough.

7 Nov 2017, 13:48

Dear Nikhat, can you help me in that?

I am planning to come back to Dubai next year, so we have a time.

Please suggest me a good advocate who can help me to remove the case if you can not work with it. I have a sister in Dubai, so she can be my POA or she can meet an advocate personally if it will help. I have a Skype and Russian mobile number available 24/7. UAE SIM-card not working here.

Could you please also let me know if you can work with it, how much it will cost and what the contract we should make between us.

Thank you!

7 Nov 2017, 15:07

Our firm is a legal consultancy firm. You need to engage an advocate. We do litigation management but it will be added cost to advocate's fee.

Do let me know how you want it done? Directly to an advocate or we manage it for you.

Please ask your sister to contact me 0508855599

8 Nov 2017, 02:14

Well, I think will be safe if your company will manage it and contact an advocate.

My sister will contact you within few days. Her name is Maria.

Thank you!

8 Nov 2017, 07:59

Noted.