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How to handle a seller who refuses to return a reservation cheque?

Dear Sir/Madam,

To whom it may concern, I handed over a reservation cheque to the real estate agent and mentioned in the cheque receipt not to cash the cheque or transfer it to the seller before my finance is agreed upon.

The seller already has a new buyer and does not want to return the cheque. He wants to claim the reservation cheque with an amount of 100,000 AED.

This behavior is against ethical standards in the real estate business. I am looking for advice on how to solve the problem in the best and simplest way possible.

I appreciate a brief response.

Thank you!

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Ibrahim Al Banna Advocates & Legal Consultants
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10 Feb 2024, 08:48

Dear Questioner,

Thank you for reaching out to me with your concern regarding the reservation cheque issue in your real estate transaction.

I understand the urgency and complexity of your situation and I'm here to provide you with guidance.

Based on your description, it appears that there may be a breach of contract and unethical behavior on the part of the seller. It's crucial to protect your rights and interests in this matter.

Here are the steps I recommend to resolve the issue:

- Review the Terms:

Carefully review the terms of the agreement you had with the real estate agent and any documentation related to the reservation cheque. Understanding your rights and obligations will help determine the best course of action.

- Communication:

Attempt to communicate with the seller and express your concerns regarding their actions. Clearly explain your position and emphasize the terms outlined in the cheque receipt regarding the condition for cashing the cheque.

- Legal Options:

If communication with the seller proves unsuccessful or if they refuse to return the cheque, it may be necessary to explore legal options. As your attorney, I can assess the situation, review the applicable laws, and advise you on the most effective legal recourse.

- Negotiation:

In some cases, mediation or negotiation with the seller may lead to a mutually acceptable resolution. I can assist you in negotiating with the seller or their representatives to reach a fair and satisfactory outcome.

I understand the importance of resolving this matter efficiently and am committed to providing you with the guidance and support you need.

Please feel free to reach out to me via WhatsApp or phone to discuss your situation in further detail and schedule a consultation.

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Dar Al Haqooq Legal Consultancy
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10 Feb 2024, 10:46

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Based on the information provided, we can help you send a formal demand letter to the seller requesting the return of the reservation cheque in accordance with your agreement.

If they refuse, consider legal action to enforce the terms of the agreement and recover your funds.

For further information, you can contact us through WhatsApp for a personalized consultation.

Thanks & Regards,

ABDUL WAHIED

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Abdelaziz Al Zaabi Advocates & Legal Consultants
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11 Feb 2024, 08:32

Dear Questioner,

You can file a case with the municipality regarding the betrayal.

If they submit the cheque to the court, you can then initiate a civil case to reclaim your check, as it is suspended under a condition; and it cannot be used without this condition.

For further information, kindly contact us via email or WhatsApp.

Laila Hamza Al Mulla Advocates and Legal Consultants
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11 Feb 2024, 18:09

Dear Sir/Madam,

There is no default on your part, and regarding the time to arrange the funds, the seller has already agreed to that.

Therefore, he has no right to retain the cheque. Now, we can file a case against him to return the cheque.

We will provide you with the service. Please share your WhatsApp number for further discussion.

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