Questions & Answers
Filing complaint before RERA for property deceit by the broker
5 years back, I paid a real estate broker an amount of AED 797,420 in cash towards booking amount for 3 units in an under construction building in Dubai Marina.
He has cheated me by giving me bogus stamped registration forms from the developer and has never paid the money to them. The developer has no record of me in their system.
I have tried to speak numerous times with the broker but he insists that the documents are all true and the money has been paid to the escrow account, but the developer has verbally confirmed otherwise.
Since the forms are all bogus, the developer is refusing to communicate with me officially. I need legal assistance to get information from the developer as they are the only ones who can prove that these forms are bogus.
Do let me know future course of action and fees applicable as well.
Best Regards,
First of all, it needs to be checked whether the real estate broker is a registered broker. If not, then the chances of recovery are very bleak.
If he is registered, then a complaint can be filed with RERA against him with all supporting documents.
Based on RERA's finding that the registration forms were bogus, a separate criminal case can be filed against the broker and a civil case for damages and compensation.
We suggest proceeding with the above through appointed lawyers. For any further requirements, please contact us at 056 1060369 or jana@alketbilaw.com
Best regards,
Khalifa Bin Huwaidan Advocates
Good Afternoon,
As per Article (9) of Law No. (13) of 2008 Regulating the Interim Real Estate Register in the Emirate of Dubai, “A developer who wishes to market his project through a real estate broker must first conclude a contract with a Broker who is accredited under the terms and provisions of Regulation No. 85 of 2006 concerning the Register of Real Estate Brokers in the Emirate of Dubai then the developer must get the contract registered at the Department.”
As per Article (13), “when the Department finds that a developer or Broker has committed an act or omission that constitutes an offence under this Law or other legislation in force, the Director General shall prepare a report and refer the matter to the competent investigating authorities.”
We need to initially review the documents and information, we also need to verify if the broker is registered with Register of Real Estate Brokers. Hence please send us all the relevant documents on our email, legal@raalcuae.com.
Regards,
Sunil Ambalavelil.
