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Is it legal to transfer a customer’s funds directly to a leasing company instead of refunding them?

Dear Lawyers,

A customer deposited cash with the company in order to purchase a vehicle. Now, the customer wishes to transfer the same funds to a leasing company for the purchase of a car.

As a result, the car dealer company will sell the car to the car leasing company, which will then deal with the customer.

What is the legality of transferring funds to the leasing company on behalf of the customer instead of returning the funds to the customer and having him deposit the funds with the leasing company?

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KHE Legal Consultancy
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28 Nov 2024, 09:06

Hello,

If the customer has agreed to transfer the funds directly to the leasing company, the dealer can act as an intermediary.

However, the customer must consent to this arrangement. Without explicit customer authorization, transferring funds to the leasing company could potentially lead to legal complications.

If the agreement does not explicitly permit the dealer to transfer funds to a third party (the leasing company), the dealer may be required to refund the customer and let them make the deposit directly with the leasing company.

For a detailed discussion, kindly share your WhatsApp number.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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28 Nov 2024, 09:07

Dear Questioner,

As long as there is clear authorization from the customer allowing for this transfer and all relevant agreements permit such actions without violating any laws or regulations, it would generally be legal for a car dealer company to transfer funds directly to a leasing company on behalf of a customer rather than returning those funds first.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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28 Nov 2024, 09:13

Dear Questioner,

Transferring funds from a customer's deposit to a third-party leasing company without explicit consent and a clear legal framework can raise several legal concerns.

Ensure that the customer has given explicit, informed consent to the transfer of funds to the leasing company.

Document the customer's consent in writing, specifying the amount to be transferred and the purpose of the transfer.

Examine all relevant contracts, including the sales contract with the customer and any agreements with the leasing company.

Maintain transparency throughout the process and keep the customer informed about the transfer of funds.

If you need further clarification on these procedures, kindly share your WhatsApp number.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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28 Nov 2024, 09:21

Dear Inquirer,

We are pleased to serve you and address your inquiries.

You must document the transactions in contractual form between the parties to protect all parties.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah at [---------].

Jasim Al Haddad Advocates & Legal Consultants

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London Center for Legal Consultancy Office
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28 Nov 2024, 09:58

Welcome,

In the UAE, if the customer agrees to transfer the funds to the leasing company, this action can be legal, provided that all parties have a clear agreement.

However, it is advisable to consult with our specialized center to ensure the process complies with local regulations.

If you have any further inquiries regarding your matter, we would be happy to assist you via phone, WhatsApp, or email.

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Mohamed Bakheet Advocates & Legal Consultants
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28 Nov 2024, 11:36

In the UAE, financial transactions are subject to strict laws, especially with regard to combating money laundering and terrorist financing.

According to Federal Decree-Law No. (20) of 2018 on Combating Money Laundering Crimes and Combating the Financing of Terrorism and Financing of Illegal Organizations, financial institutions and companies are required to adhere to customer due diligence procedures and document financial transactions.

In the mentioned case, transferring funds directly to the car rental company on behalf of the customer:

This procedure may be considered non-compliant with standard compliance practices, as it is preferable to return the funds to the customer so that he can make the transfer himself to the rental company.

This ensures transparency of the process and provides a clear path for the funds, which is in line with anti-money laundering requirements.

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Engy Nabeel Advocates & Legal Consultants
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28 Nov 2024, 11:54

The customer's approval must be obtained first, and approval must be via email.

If you have any other inquiries, contact us on phone number [-----------].

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