Questions & Answers
The right of a property seller to sue the buyer and broker for presenting forged documents
Hello,
I had recently signed a sale contract of my property through a broker in Dubai. The broker was supposed to have the deposit 10% cheques.
When I had asked for a copy of the deposit cheques, I realized it was from a third party.
Doing a background check of the third party company, I discovered that the third-party company had an expired trade license (they provided valid dates on trade license, meaning government trade license document was forged) and now the sales agreement dates are coming to an end; I don't have managers cheques nor valid deposit cheques.
The only documents I have are deposit cheques from a third party, letter of assurance from the third party company (with forged copy-pasted signature and no stamp, forged trade license of the third-party company).
What can I do?
Dear Questioner,
From your statement, I understand that you are acting as the seller of your property and there was an MOU signed between you and the buyer (which is an individual).
The security deposit cheque collected by the broker, was issued by a company and not by the buyer itself, and based on your checking, the company's license expired.
The broker provided you with a copy of the company's trade license which shows that the company license has been renewed and you suspect that this license has been forged.
If my understanding is correct, then you can file a criminal complaint about the forged document(s) and after the expiry date of the MOU, you can deposit the security deposit cheque. If the cheque gets bounced, you can file another criminal complaint against the signatory of the cheque.
Moreover, in the meantime, you can start a legal action against the buyer for the guarantee that he is supposed to issue, to the relevant authorities mentioned in the MOU.
If you need my assistance, please feel free to contact me at my email.
Best Regards,
Raluca Gatina.
Dear Questioner,
From what we understand, we advise you to visit the relevant economic department to first ensure that the License is indeed forged.
Once it has been established that the License is forged, you need to file a criminal complaint against the buyer and the real estate agency.
We would also need to review the MOU to advise you.
You can file a civil suit for the breach of contract and claim damages.
We would however need more information to provide you with appropriate legal advice.
You can contact us on our phone to discuss this in detail.
Regards.
Dear questioner,
You can file a case for cheating and fraud against the buyer and the broker.
Kindly contact us directly on the phone or by email for a detailed discussion.
