أسئلة وأجوبة
Commission payable to property agent dismissed before the deal was closed
I was working for a real estate company in Dubai. I was part of a big deal for selling a villa for 18.5M. The deal was signed while I was with the company, and I was still in the company a few months later until the owner terminated me under the reason “services no longer required”.
The MOU was signed while I was with the company and the deal was meant to go through in September, I got terminated in August.
I have a voice recording of the whole conversation on the day I was terminated in which the owner clearly states I was part of the deal and as I'm no longer part of the company he will need to consult with his partner whether I'm owed my commision.
I have spoken to the buyer who has confirmed that the deal has gone through and they are the new owners of the villa.
I have contacted the owner of the real estate company who is reading my messages and ignoring me.
I am owed 50k commision.
Where do I stand?
You have two issues which must be answered.
1. Brokerage commission
Primarily the broker, agent or developer must have a valid accreditation and license with the Real Estate Regulatory Agency (RERA). Under Bylaw No. (85) of 2006, commissions & fees to brokers/real estate agents are only to be paid after the contract/MOU is signed.
So did you have a license if and when the MOU was signed? And do you have some document evidencing that brokerage is payable to you? If both the answers are YES then you have to file a claim before the UAE court.
2. Recording conversation is a punishable crime
Under Article 378 of Federal Law No. (3) of 1987 of the Penal Code as amended by Federal Law No. (34) of 2005 states that recording of conversation or taking a picture without the consent is a crime and the same punishment (fine + deportation) shall be applicable on any person who publishes through any means - news, pictures or comments pertaining to the secrets of people's private or familial lives EVEN if the same is TRUE.
