Questions & Answers
My receivable commission has been delayed by the company. How can I claim it?
Hi Team,
I would like to ask.
I'm an agent in the UAE, and my receivable commission has been delayed by my agency which is above AED 1 million. However the company is not running well lately, and it has a risk of insolvency.
If it really happens, who should I claim my commission from?
If there are still commissions not paid by the developer to the company, can I claim that part from the developer directly?
Many thanks.
We can assist you in claiming your commission. All we need is the documents and contract between you and the agent to review and understand the contractual relationship.
In addition, once the documents are reviewed we can assist you with the coming legal steps. You can contact us through WhatsApp for assistance.
All the due amounts are from the same developer?
Dear Questioner,
Thanks for your inquiry.
Regarding the above, we would like to inform you that, according to UAE law, if a company is facing insolvency, the first priority for payment is to the company's creditors.
As an agent, you would be considered a creditor and would have the right to claim your commission from the company.
If there are still commissions owed to the company by the developer, you may be able to claim that portion directly from the developer.
However, this would depend on the terms of your contract with the company and any agreements made with the developer.
It is recommended that you contact us by phone or email to understand your rights and options in this situation.
Greetings,
Dear.
Commitment with the company does not have an impact on a third party unless there is a contractual relationship with this party.
Therefore, you can claim all your commissions from the company, before the company goes bankrupt and you lose your right.
Our firm offers complimentary consultations to assist you with your legal concerns, which can be conducted online in a 15-minute session.
Please contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm Legal Counsel and Consultations
Dear questioner
Firstly, you should document all the evidence that you had over the claim of the commission, and then send a formal email to the company requesting the release.
If your employment contract had mentioned anything regarding the commission, then you can also file a complaint in MOHRE.
If the company becomes insolvent, then you need to claim through the court-appointed liquidator.
Dear Questioner,
According to UAE law, if a company becomes insolvent and is unable to pay its debts, the first step is to file a case with the court to declare the company bankrupt.
The court will then appoint a liquidator to manage the company's assets and distribute them among the creditors.
As an agent, you are considered a creditor and can file a claim for your unpaid commission with the court-appointed liquidator.
The liquidator will review all claims and distribute the company's assets accordingly.
If there are still commissions owed to the company by the developer, you can also file a claim with the court to recover those commissions.
However, it is important to note that the court will prioritize the claims of secured creditors (such as banks) over unsecured creditors (such as agents).
In some cases, the developer may agree to pay the agent directly for commissions owed to the company. However, this would require a separate agreement between the agent and the developer.
It is recommended to seek legal advice from a lawyer in the UAE to understand your rights and options in this situation.
Dear Questioner,
Thank you for reaching out with your inquiry regarding commission payments and potential insolvency issues with your agency.
I understand the importance of receiving your outstanding commission, especially given the significant amount involved.
In situations where an agency faces financial challenges or risks insolvency, it can indeed create uncertainty regarding commission payments.
In the event of insolvency, the legal process for claiming outstanding commissions can vary depending on several factors, including the contractual agreements in place and the specific circumstances of the case.
Typically, claims for unpaid commissions may be directed towards the agency itself, its directors, or potentially other parties involved in the contractual arrangements.
Regarding your question about claiming commissions directly from the developer if they are still outstanding to the agency, this can be a complex matter and would require a thorough review of the contractual agreements between your agency and the developer.
While it may be possible to pursue such claims under certain circumstances, it's essential to assess the legal obligations and rights outlined in the contracts.
To navigate these challenges and explore the best course of action for recovering your commission, I recommend scheduling a consultation to discuss your situation in more detail.
During our consultation, we can review the relevant contracts, assess the legal options available to you, and develop a strategy tailored to your specific circumstances.
Please feel free to reach out to me via WhatsApp or phone [------------] to schedule a consultation at your earliest convenience.
I'm here to provide you with the legal guidance and support you need to address this matter effectively.
