أسئلة وأجوبة
I paid a a booking fee for a real estate company to rent a warehouse and did not work. How to get the fee back?
Hi,
I paid 10% (booking fee) to a real estate company for renting a warehouse compound in Dubai. We had a verbal and written agreement (via invoice) that if the deal didn’t go through, they would refund the full 10% booking fee.
The landlord took a lot of time and the deal didn’t go through, now one of the real estate agents is saying his partner is a scammer (2 owners). He says he always does this and does not refund clients' booking amounts.
Right now, one partner says he will refund the money but it’s been a month since I asked for the money back. He is always telling stories. However, he gave me a personal cheque of around 60k saying this was a guarantee cheque.
However, he didn’t have any money in it so asked me not to deposit it. I really need my money back.
How to proceed with this?
Should I go to RERA or the police to help me get my money back asap?
Kindly assist.
Thank you
Hello,
Before taking legal action, you should send a legal notice to the real estate company. This legal notice should demand a refund of your 10% booking fee and specify that if they fail to pay within a certain period (usually 7 to 14 days), you will take further legal action.
If the real estate company does not refund your money after you’ve sent the legal notice, you can file a complaint with RERA (Real Estate Regulatory Agency), which handles real estate disputes in Dubai.
For a detailed discussion, kindly share your Whatsapp number.
Dear questioner
We can serve a legal notice for settling the matter amicably or can directly file a cheque bounce case against the real estate company including the partners.
Kindly share your WhatsApp number to discuss this further.
Start by reviewing your agreements and communicating formally with the real estate company.
If unresolved, escalate through RERA and consider legal action as needed. Reporting fraudulent activity is also advisable if applicable.
We understand your concerns.
Write a formal demand letter to the real estate company, stating your request for a full refund of the booking fees.
Send this letter by registered mail or email with a read receipt. Keep a copy of the letter for your records.
It will be better if you can approach with the support of a lawyer. Gather all the documents related to the transaction, including the invoice, any written correspondence, and the personal check.
This will be important evidence if you decide to take legal action. If they are not responding to the legal notice, we will initiate legal action through the court.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to discuss this further.
Dear J.,
Thank you for reaching out with your query regarding the refund of booking fees for the warehouse rental in Dubai.
Below is some advice on how to proceed:
Check Your Agreement and Evidence:
Ensure that you have a copy of the written agreement or invoice stating that the booking fee is refundable if the deal does not go through. Any supporting evidence, such as emails, messages, or receipts, will strengthen your case.
Filing a Complaint with RERA:
The Dubai Land Department's Real Estate Regulatory Agency (RERA) oversees disputes related to real estate transactions. You can file a complaint with RERA to address the matter if the agent or agency is registered.
Provide all evidence, including the agreement, correspondence, and the guarantee cheque, to substantiate your claim.
Involving the Police:
If you suspect fraudulent activity or the agent refuses to cooperate, you may report the matter to the Dubai Police. The personal cheque given to you may serve as evidence, even if the agent claims it is not to be deposited. Issuing a cheque without sufficient funds is a criminal offense in the UAE.
Consider Legal Assistance:
If the matter remains unresolved, you can pursue legal action to recover your money. Consulting with us a lawyer specializing in real estate disputes would help you navigate the process effectively.
Immediate Steps to Take:
Contact the agency and request a timeline for the refund, mentioning your intent to approach RERA or the police if the issue is not resolved promptly.
File a formal complaint with RERA through their online platform or at the Dubai Land Department office.
Let us know by phone or email if you require further assistance or legal support in this matter.
Best regards,
Mohammed Salah
Thank you for reaching out regarding your situation with the real estate company and the refund of your booking fee. I understand the frustration and urgency you're experiencing, and I'm here to assist you.
Immediate Steps to Consider:
Formal Notice: It's advisable to send a formal notice to the real estate company demanding a refund of your booking fee. This can be done through a legal notice or via the notary public, which serves as an official demand for payment.
Cheque Deposit: Despite the issuer's request not to deposit the cheque, presenting it to the bank is essential. If it bounces, this act provides legal grounds to pursue further action.
Under UAE law, issuing a cheque without sufficient funds can lead to both civil and criminal consequences for the issuer.
Filing a Complaint: If the company fails to refund the amount promptly, you can file a complaint with the Dubai Land Department (DLD) or the Real Estate Regulatory Agency (RERA).
They handle disputes between customers and real estate companies, including issues related to refunds and contractual disagreements.
Legal Action: Should these steps not yield results, initiating legal proceedings may be necessary. This could involve filing a case with the Rental Disputes Center or other relevant judicial bodies in Dubai. Engaging a legal professional can help navigate this process effectively.
Given the complexities involved, I recommend scheduling a consultation to discuss your case in detail and determine the most appropriate course of action.
Please feel free to reach out to me via WhatsApp or phone to arrange a convenient time.
I look forward to assisting you in resolving this matter promptly.
Best regards,
Suhail Rana
