Did your property agent forget….
Sometimes we're left in the dark if a rental transaction is slightly different from the norm. Property agents should explain but if not we're here to help.
Did your property agent forget to mention something? There are laws, rules and regulations to protect tenants and landlords. We’ll keep adding to this list to help us all. If you can think of something to add here please let us know.
Our motto is to double check everything!
Did your property agent forget to mention that the owner is not in the country:
If the owner is out of the country and not available to sign the lease document in person it can be sent to him by email or fax. Then the tenancy contract should be signed by the owner – remember, the signature should match the passport copy of the owner. The passport number and the owner’s name should be on the Tenancy Contract. Make sure you receive a colour copy – this is required for Ejari registration.
Did your property agent forge to mention that the owner has appointed another person to deal with the rental of his property:
The owner should provide a Power of Attorney which is stamped and attested in Dubai. If it is not stamped and attested in Dubai it is null and void in Dubai. The Power of Attorney should make specific mention of property transactions being allowed.
Did your property agent forget to mention that the owner has asked that another person collect the rental income: Specific mention of this should be made on the Power of Attorney.
Did your property agent forget to mention that any Power of Attorney should state specifically that property transactions are allowed. This is imperative if the transaction is not between the owner but by a third party.
Did your property agent forget to mention to double check the name on the owner’s passport is exactly the same as the one mentioned on the Power of Attorney. This should also be exactly the same as the name mentioned on the tenancy contract. The name and passport number are checked by the Courts and stamped and attested when it is seen as correct, i.e. all the information corresponds with the passport and other details.
Did your property agent forget to mention to double check the name on the passport copy against the name on the Power of Attorney. Again, the name should be exact on all documents: Power of Attorney, Tenancy Contract and Passport. The passport number is usually mentioned on the Tenancy Contract and this should also be mentioned on the Power of Attorney.
Did the property agent forget to mention that if the owner has appointed a real estate agency to deal with the rental of his property, then the owner should provide a letter addressed to the property agent confirming their appointment. If the property agent is collecting the rental payment on behalf of the owner this should be mentioned specifically.
If there are any discrepancies double check with the owner or the property agent and be sure to get a full and reasonable explanation. In the past tenants have been hoodwinked, paid the rent and end up a few months down the line being told that there was no such agreement in place!
If you have any doubts:
don’t go ahead until you clarify everything.
ask for a copy of the trade license of the real estate company and compare it with the Dubai Land Department’s list of broker companies.
Your property agent should also provide their Broker’s Card which is the size of a bank card. The plastic card looks like this:
You should check:
the photo on the card is the same as the agent you are dealing with
the name given by the agent is the same as on the card
the date of expiry of the card (bottom right hand corner)
that the card has not been damaged or tampered with
The rear of the card is standard across all cards and looks like this:
Real Estate Brokers can work as follows:
Real Estate Buying & Selling Brokerage
Leasing Property Brokerage Agents
Please ensure that if you are renting a property through an agent that this is mentioned on the brokers card – ‘Leasing Property Brokerage Agents’. If you are buying a property make sure that the ‘Real Estate Buying & Selling Brokerage’ wording is on the card.
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.
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