The legal proceedings against a real estate brokerage company - Q&A - Legal Advice Middle East

Question

Q: I have an MOU for apartment reservation and paid a downpayment of 10%. We didn't get any progress after 6 months. They will cancel the MOU and keep the paid money. Do I go to the court? A: If it is a civil case, your MOU contract is the key; what they promised to do and what they actually did…

Omran Mohammadi · Accepted Answer

Hello Your case has two sides; it is either a civil case or a criminal case. If you are sure that this company is as you say "non-regulated", it is a crime. Doing any kind of business on real estate needs a license and a certificate otherwise it is a crime. The penalty is imprisonment from six months to two years. This penalty is just for doing this business without a certificate. If they took money in this way, it is another crime. The penalty for this crime is also imprisonment from one year to seven years. If they committed these crimes, you don’t need to submit another petition to get your money back. If it is a civil case, your MOU contract is the key; what they promised to do and what they actually did. Based on the claim and the money you paid, the court for the civil case varies. If you claim on the contract, it is under general court jurisdiction. If the case requires disregarding the contract, the amount of money will determine the court; if it is fewer than 200 million Rials, it goes to Dispute Settlement Moots and if it is more than that, it is also under general court jurisdiction. There is also another jurisdictional division which you don’t need to focus on; you have to file the petition via a "Judicial E-Service Office". If you want to be sure about what you do, I can take a closer look at your case. Free of charge. Website: http://legalknowhowir.com/ Email: info@legalknowhowir.com

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