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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

Dr. WaleedI took the apartment in Ajman for rent AED 48,000 like 4 payments 3 cheques 12,000 each and cash payment first installment. The real estate charged me AED 2890 their commission and I paid but flat given was in a very bad condition without proper Maintenence, seepage of water from all the walls and leakage from kitchen roof and bathroom. I reported the matter to the flat owner and real estate office. The owner of the flat inspected the flat and apologized seeing the bad condition of the flat and tried to arrange some 4 heaters to dry the wall and it took nearly three weeks for this process but finally the water seep did not stopped. Finally the owner returned the cheques and first installment in full without deduction. Now the commission of AED 2890 is due from real estate office. Kindly advise.

الرد من العميل

Dr. WaleedI took the apartment in Ajman for rent AED 48,000 like 4 payments 3 cheques 12,000 each and cash payment first installment. The real estate charged me AED 2890 their commission and I paid but flat given was in a very bad condition without proper Maintenence, seepage of water from all the walls and leakage from kitchen roof and bathroom. I reported the matter to the flat owner and real estate office. The owner of the flat inspected the flat and apologized seeing the bad condition of the flat and tried to arrange some 4 heaters to dry the wall and it took nearly three weeks for this process but finally the water seep did not stopped. Finally the owner returned the cheques and first installment in full without deduction. Now the commission of AED 2890 is due from real estate office. Kindly advise.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly note that, according to the data received by us in your inquiry and in accordance with the brokerage law in the State of the Emirates, first, the broker’s task” in accordance with Articles (254, 256) of the Commercial Transactions Law, does not expire, and he is not entitled to his wages for his mediation, unless his mediation results in the conclusion of the contract that He mediated it between the buyer and the seller, because what is entrusted to him is the conclusion of the deal between its two parties, and the submission of written evidence or the contract concluded between the two parties to prove its existence, noting at the same time, that assessing whether the transaction took place as a result of the broker’s endeavor or not, from the authority of the trial court.
*** Therefore, the brokerage is the right of the mediator, assuming that he is unaware of any defects, and his work is limited to mediation, and as long as the contract has been drawn up, he is entitled to the commission, and it is not legally permissible to refer to it.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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