Was scammed by a real estate agent? Here's what to do.
Are you a victim of an unscrupulous realtor? You can contact Rera. Before making any payment, the tenant should check to see if the new apartment is vacant. Read more...
Author: Ashesh Mehta (Legal Review)
Published: wat, may 30, 2017, 6:44 pm
Last updated: Wed, May 31, 2017, 9:06 am
I am an expatriate who wanted to move from a studio to a one-bedroom apartment. We chose an apartment through a realtor and signed a lease. On the day we were to move into our new apartment, we were surprised by the presence of another tenant in the same apartment. I contacted the realtor, but his phone was turned off and I received a message from the bank that the check had been cashed. Unfortunately, we don't have a copy of the contract because the realtor took it away, saying he would return it after the owner's signature. We immediately went to the nearest police station. They told us that we should go to the Dubai court (public prosecution) first thing. We did that and opened a case. For three months we have been trying to register our appeal, but the CID officer asks us to wait. Every time I go to the control, he tells me to "come back next week", "agent not responding", "he's overseas", "wait some more" and so on.... When I requested to cancel my other checks, he told me to wait and keep my account balance low as the check would be returned and they would find the person if there was any complaint. The realtor is from Pakistan and has already left the country. I'm stuck now because the officials aren't giving a clear picture. Please advise.
According to your questions, it is assumed that the question's apartment is in Dubai. It is the tenant's responsibility to check if the new apartment is vacant before paying any deposit money or giving rent checks to the owner or realtor.
The activities of realtors fall under the jurisdiction of the Real Estate Regulatory Agency (Rera). In the event of a nuisance caused by a realtor, the landlord or tenant has the right to contact Rera and file a complaint against the realtor. In your case, the realtor misled you and deceived you. Article 21 of Regulation No. 85 of the 2006 Real Estate Regulatory Act states, "A realtor shall be deemed to be the trustee of all sums, securities, bonds, or any other items given to him by either party for deposit or for delivery to the other party. The Realtor shall deliver such items by appointment and will be subject to the appropriate trust rules." The law further states, "The Realtor will be liable for any loss or damage caused to the contracting parties as a result of his fraud or deceit or as a result of his failure to comply with any relevant rules set forth in this Trust or code of practice." Based on the above-mentioned provisions of the law, your realtor has violated the trust and the code of ethics established for a realtor working in the Emirate of Dubai Rera.
The CID and the police have also advised you to be patient for a while as they need to thoroughly investigate the matter before making a final decision and check whether others are involved. They will also take some time to see if the second check you issued will be cashed, as this will help in their investigative process. We recommend that you inform your bank of this so that they will contact you if a second check is presented to your bank for cashing.
With regard to your question about lifting the entry ban, it should be noted that you have been in the country since your visa was canceled. The period of stay in the UAE after revocation of the residence permit is 30 days. Because you exceeded this deadline, your employer filed a missing person's complaint against you because they may not have been able to contact you to make sure you left the UAE on time. Based on this, the authorities could have arrested you and then deported you according to the procedures followed. Section 29 of the Federal Immigration and Residence Act No. 6 of 1973 states: "The Office of Citizenship and Immigration Services shall issue a deportation order against an alien if the alien does not have a residence permit or if his residence permit has expired. Such alien may return to the country if he or she fulfills the conditions for entry in accordance with the provisions of the law. Based on this provision, you were deported. However, you can appeal your deportation based on the second part of the above article of the law. It is recommended that you seek further advice from a lawyer working in the UAE.
Comment
Popular Posts
Popular Offers
Subscribe to the newsletter from Hatamatata.ru!
Subscribe to the newsletter from Hatamatata.ru!
I agree to the processing of personal data and confidentiality rules of Hatamatata