INTRODUCTION
It is well known that Dubai is considered as one of the most preferential places in the world to purchase Dubai Real Estate property or to conduct business activities. The world sees Dubai as business hub and best place for investment. Therefore, it is not a hidden fact that all the investors and businessman living in Dubai or investing here are Expats and are less aware about their rights and real estate laws and regulations. Thus, before investing into the property every individual is diligent and wants to be aware about the basic rules and regulations relating to the Property in Dubai and keeping in view the same, we have decided to write this article so that basic knowledge about existing rules and regulations should be emanated to the readers. The present article is written in the form of Questions and Answers so that readers can easily and effectively understand the crux.
Which law in UAE or Dubai governs the subject of Real Estate?
Property is not a limited subject wherein one regulation or law will be sufficient to deal with the subject. Therefore, there are different laws relating to the purchasing of property, its registration, governing role of brokers, regulation of payments in Escrow Account and many more. Thus, dealing with the subject matter of the present Article we will be mentioning only relevant laws which a laymen may possess knowledge.
How to know the authenticity of Real Estate Broker?
Mostly, in many cases Buyer/Purchases contacts Broker to crack the deal of property in their favor but as we have already mentioned that most of the buyer/purchasers are foreign expats and they possess less knowledge about the rules and regulations. Therefore, to know the authenticity of Real Estate Broker ByLaw No. (85) of 2006 Regulates the Real Estate Brokers Register in the Emirate of Dubai. Thus, to give the brief idea about the law main points are mentioned hereinbelow for the awareness of the buyer/purchaser.
Our lawyer for property states as follows:
- No person is allowed to engage in Real Estate Brokerage activities unless he/she is registered with the competent authority.
- Real Estate Broker must possess license to conduct the Brokerage Activities.
- Real Estate Broker is liable to disclose all the negotiation details, brokerage process, and other information to his client/buyer so that right decision can be made.
- Real Estate Broker has a duty to disclose all the details related to terms and conditions in a faithful manner to the client/buyer.
- Buyer must be aware while making trustee Real Estate Broker to any amount, securities, bonds or any other item for safekeeping as such Broker must be registered with the Competent Authority.
- Real Estate Broker shall be held liable of any loss has been incurred to the contracting parties due to his act of fraud or deceit committed by him.
Our Commercial Real Estate Lawyer suggests that a Buyer must always ask for a license from the Real Estate Broker before entering any deal and shall always enter into Real Estate Broker Agreement with such broker so that in case of any dispute the liability can be ascertained.
Why there is importance of executing Real Estate Broker Agreement?
Real Estate Broker Agreement is an agreement formulated between Buyer/Purchaser and Real Estate Broker which signifies the duties and responsibilities of the parties and payment terms. But, in most of the cases Real Estate Broker provides agreement to the Buyer/Purchaser, which is basic in nature and in some cases, it may be favoring to one party. Thus, to deal with such scenario a Buyer/Purchaser must consult with commercial real estate lawyer to cope up with it.
The Real Estate Broker Agreement is significant in nature as it decides the role of both the parties to it and fix liabilities upon them which also balance the interests of the parties.
Our best Dubai Real Estate lawyers are ready to assist the buyers/purchaser in every stage of their property investment in a legal and diligent manner. To know more about the Real Estate Broker Agreement, click here to access the sample of the draft.
Whether it is safe to make payment for the property directly into the bank account of the Developer?
If a buyer wants to make the payment for the property, he wants to purchase then the said payment shall be made by the buyer in “Real Estate Escrow Account” established under Law No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai.
The Government of Dubai has made the specific law in order to regulate the actions of Developers regarding the payment made by the Buyer and Financers. Through this law a separate Real Estate Escrow Account is opened for the each project and Developer has to use the amount lying in that account for a particular project only. Thus, in order to be secure and safe it is advised to all the buyers, financers and purchasers to make payment into the specified Real Estate Escrow Account.
Conclusion
This article tries to focus and throw the light upon the material issues prevailing in the sector of Real Estate. More articles pertaining to the said issue are in line which will be dealing the situation more precisely. Thus, you are always advised to consult a lawyer for property.
Our Real Estate NA-Lawyers in Dubai has extensive experience in dealing with the issues arising from the Real Estate Sector. Moreover, our law firm is always ready to support and defend you interest at each and every stage with help of our property lawyers in Dubai.
