Questions & Answers
How to claim back a cheque issued to a broker to reserve aproperty?
A broker told me that to reserve a villa unit, I have to give a 50k cheque and assured me that he will not send it to the bank to be encashed; it is just for reservation purposes.
I told him clearly I don’t have funds and not to deposit my cheque until I confirm him to present it. I liked one unit and asked him to reserve it but to make sure not to deposit the cheque until I give him confirmation for the same.
He didn’t wait for my confirmation and called me saying the cheque got deposited but I refused and told him strongly to take back the cheque from the bank.
I managed somehow to hold the cheque from banking and the sales guy offered me to stop the cheque and make a payment of 20k which will hold back my cheque.
He also said he will return back the cheque to me, and with this agreement, I paid 20k through a credit card. I got online payment receipts also.
After this transaction, the sales guy went out of the UAE and came back after 10 days. But still, I did not get my cheque back nor the new reservation form.
Every time I ask him about the cheque he says it's in process.
Hello,
Regarding your inquiry please note that;
1) First of all, issuing a cheque without a balance is a crime according to the UAE Criminal Law;
2)The nature of the relationship between you and the broker is a verbal contract which means he needs to fulfill his obligations (send the cheque back along with the reservation);
3) In the light of the above I advise you to send formal legal notice via email and a notary public as the first step.
For the next steps, I need more details and a copy of the emails exchanged between you and the broker.
Thanks,
Ahmed Abbas
