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Is it legal for the real estate agent to keep the commission despite cancellation of the project?

Hi,

I bought a property off-plan last year. The developer went bankrupt and the project was recently cancelled by RERA. We were refunded the deposit we paid.

The estate agent that we used to purchase the place took commission (brokerage fee) of 40 000 dhs. They are now refusing to refund us, even though the project is cancelled.

We never received an SPA or the house. The contract between us and the agency states end date is until transfer, that never happened. Is this legal?

Rashid Saif Al Ali

Rashid Saif Advocates & Legal Consultancy

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12 Jul 2022, 13:22

Hello,

You have to file a complaint to RERA for the deposit fees for the agent and also check the contract clause in the SPA agreement, what it states.

12 Jul 2022, 13:22

Please call or e-mail us.

14 Jul 2022, 06:08

Thank you Rashid,

We never received an SPA. The company was bankrupt before we even received the SPA.

14 Jul 2022, 06:50

Hello,

You have to complain to RERA, to get the money or else we can pursue the agent as your lawyer.

However, we need all the documentation, you signed for the off plan property.

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