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The responsibility of the broker if the customer wants to cancel the deal

A customer ordered goods via a sale-purchase agreement (SPA), in Kenya. The SPA has a refund and arbitration clause to be processed in Kenya. The goods are currently in transit to DXB.

The customer wants to cancel the deal and, instead of asking for a refund from the company in Kenya, he has filed a case against me in DXB for the refund. I originally introduced the buyer and seller as a broker.

How can I cancel this false case against me? What are the legal implications for me?

No money has been exchanged in DXB; the buyer paid in Kenya directly to the seller (invoice/receipt available).

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Ahmed Abbas

Dr. Mohamed Alhammadi Advocates and Legal Consultants

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18 Oct 2021, 14:01

Hello,

First of all and as per your explanation, you have no capacity in this case as a broker as long as your name has not been mentioned in the SPA,

Second, the case is not acceptable in the light of the arbitration clause but this defense must be mentioned before any other defense as per the law,

We need to review the contract as well as the statement of claim for more legal information.

Thanks!

Ahmed Abbas

20 Oct 2021, 03:22

Thank you for taking the time to answer as above -

Do you have a WhatsApp no I can send you documents.

This case is a false case registered against me to prevent me from leaving UAE and in return I am being harrased to give the buyer a refund, but the buyer is not following the proper channels for a refund in kenya.

I would like to do a counter case against the buyer for the inconvience he has caused to me by submitting this false case.

Thank you

20 Oct 2021, 06:33

Thank you for your response.

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