Real Estate Bullying

تيم إليوت
Hello and welcome to another edition of لوجيكال, the legal podcast from the Dubai-based law firm HPL Yamalova & Plewka and still the Gulf region’s first and only regular legal podcast. I’m Tim Elliott, joining you from Reef Tower in Dubai’s Jumeirah Lakes Towers, JLT, at the firm’s offices with the Managing Partner, Ludmila Yamalova. Socially distanced, of course. Good to see you again, Ludmila.

لودميلا يامالوفا
Great to see you too, Tim. Thanks for being back with us.

تيم إليوت
Now today, we’re tackling the topic of bullies—real estate broker bullies, to be specific. This episode of لوجيكال focuses on a familiar scenario in Dubai: real estate brokers showing homes and charging a 5% commission on the annual rent. While that’s often standard practice, during tough times, such as when rents are lower than usual, some brokers resort to questionable tactics to secure their commission. It’s often a hard sell, and some brokers become extremely persistent. I know you’ve recently been assisting a client who was literally being bullied by real estate brokers. Can you share that story?

لودميلا يامالوفا
Yes, it’s a true story and a very recent one, though not the first and likely not the last. What makes this case particularly noteworthy is that the client wasn’t renting a property, but buying one—a villa—which significantly raises the stakes. The commission amount in such transactions is much higher than for rentals, often running into hundreds of thousands of dirhams.

تيم إليوت
So the client retained a broker to help with this transaction?

لودميلا يامالوفا
Correct. The client engaged a broker to assist in identifying suitable properties. Eventually, they found a villa they were interested in and requested the broker’s help in following up with the property owner regarding key details like the structural condition, pricing, and timing. Unfortunately, this broker proved to be unhelpful and unresponsive, which is, sadly, a common complaint we hear from clients.

تيم إليوت
How did the client handle this lack of responsiveness?

لودميلا يامالوفا
Frustrated with the lack of assistance, the client began exploring options with other brokers. After viewing several other properties, they decided to revisit the villa they initially liked and proceeded with the purchase directly through the property owner’s representative. However, the first broker, who had been entirely absent during these discussions, suddenly resurfaced, aggressively demanding a commission for the transaction.

تيم إليوت
Was there any formal agreement in place?

لودميلا يامالوفا
No, and that’s key. There was no agreement between the client and the broker specifying any obligation to pay a commission. Moreover, the broker hadn’t provided any meaningful services—no follow-ups, no communication, and no added value to the transaction. Despite this, the broker claimed they were entitled to a 2% commission, which amounted to hundreds of thousands of dirhams, given the high value of the property.

تيم إليوت
How did the broker attempt to justify their claim?

لودميلا يامالوفا
The broker employed highly aggressive and unethical tactics. They inundated the client with phone calls, emails, and WhatsApp messages, threatening legal action. At one point, the client even received a call from someone claiming to represent RERA, encouraging them to pay the broker. This individual alleged that the broker had lodged a complaint and would stop at nothing to secure their commission.

تيم إليوت
That doesn’t sound like something RERA would typically do.

لودميلا يامالوفا
Exactly. It was highly suspicious. RERA’s role is to regulate brokers and their conduct, not to pressure investors into paying commissions. We suspect this was a friend or associate of the broker attempting to intimidate the client. Regardless, RERA does not have the authority to block transactions or impose penalties on buyers without a court order.

تيم إليوت
What advice did you give the client in this situation?

لودميلا يامالوفا
We advised the client that legally, the broker had no standing. Without a signed agreement or clear evidence of services provided, the broker’s claim was baseless. We also clarified that RERA could not block the transaction or interfere without legal grounds. We recommended either ignoring the broker’s demands or filing a complaint with RERA for harassment. If the behavior escalated, we suggested filing a police complaint for further protection.

تيم إليوت
What lessons can other buyers take from this case?

لودميلا يامالوفا
Firstly, choose your broker carefully. Look for someone reputable and licensed by RERA. Secondly, if you sign a brokerage agreement, review it thoroughly to ensure the terms reflect your expectations. Avoid exclusive agreements unless you trust the broker completely, and specify the scope of their responsibilities, including timelines and communication. Finally, verify that the broker has the seller’s authorization to represent the property. These precautions can save you from similar issues.

تيم إليوت
That wraps up this episode of لوجيكال. If you’re dealing with aggressive brokers or other legal challenges, remember to consult with qualified legal professionals. Ludmila Yamalova, Managing Partner at HPL Yamalova & Plewka, thank you for sharing your insights.

لودميلا يامالوفا
شكراً لك، تيم.

تيم إليوت
To have your legal questions addressed in a future episode of لوجيكال or to arrange a consultation, WhatsApp us at +971 52 525 1611 or visit lylawyers.com.