Questions & Answers
Denying brokers fee after closing a property sale deal
Hello Sir,
I have a real estate in Dubai and have closed deals with the developers. They've kept my broker commission on hold since a year. What are my rights to claim it?
Dear Sir,
As we understand from your enquiry, you successfully intermediated a deal and the consumer has acquired the property, however, you did not receive your commission.
In this regard please note that according to Article 28 of the Law No. (85) of 2006 on the Regulating the Real Estate Brokers Register in the Emirate of Dubai, a Real Estate Broker will be entitled to remuneration for his brokerage services only if a contract is concluded between both parties. A contract shall be deemed concluded if all parties agree on all the conditions provided for in the Brokerage Agreement. A Real Estate Broker shall be entitled to remuneration upon signing the sale contract and registering it with the Department unless the Brokerage Agreement stipulates otherwise.
Therefore, in case your remuneration is delayed you may raise a dispute with the competent authorities as stipulated in the Brokerage Agreement.
Where an agreement prescribes a dispute resolution proceedings through Land Department you may address DLD with a respective claim.
Kind regards,
Khalifa Bin Huwadan Advocates and Legal Consultants