March 20, 2017

Хозяин
Going live, going live means stop talking. Ludmila and I were in deep conversation because she’s the expert, and I asked her, “What’s it like being the expert?” Ludmila said, “We’re all experts in some way.” And I replied, “We’re not.” Ludmila agreed with me.

Here we go. Many years? I thought I’d been here sharing the studio with a bunch of experts. Sorry to break that to you, Ludmila. Acting classes? Yeah.

Alright, it’s Understanding Property this hour, and as you can hear, Ludmila Yamalova is here. She’s the managing partner at HPL Yamalova & Plewka Legal Consultants. Please get your texts in now at 4001 or call 423 1010.

Хозяин
Before we dive into your texts, which we’ll get to around 5:20 today, here’s one question:

“Guys, is there a discount for paying RTA fines today?”

Answer: In Umm Al Quwain, traffic fines have been slashed by half to mark International Happiness Day. If you have traffic fines there, go now and pay—they’re offering a 50% discount.

We’ll bring more updates on local news stories after 6 PM tonight.

Understanding Property on Drive Live

Your legal questions are the focus this hour. First, let’s address a topic that’s been in the news this week: the Dubai Land Department (DLD) issued a warning to deal only with registered brokers.

Nearly 33,000 transactions were made by brokers in Dubai last year, and the authorities want to protect the public. They emphasize working only with brokers who hold a real estate broker card.

Хозяин
Ludmila, let’s discuss this. What are the risks if someone doesn’t use a licensed broker? Have you encountered cases like this?

Людмила Ямалова
Absolutely, and this warning is not new. Regulations requiring brokers to be licensed have been in place for a while. Here’s the issue:

If you deal with a licensed broker and there’s misconduct, you can report them to the Land Department. However, if you deal with an unregistered broker, enforcement becomes difficult as they aren’t in the system.

Хозяин
What are the practical implications for those who deal with unregistered brokers?

Людмила Ямалова
The risks are significant. For instance:

1. Unlicensed brokers might not know the market well.
2. You have limited recourse for legal action if something goes wrong.
3. Enforcement against them is more challenging as they’re not regulated.

That’s why it’s safer to deal with registered brokers.

Хозяин
Is there a way to verify if a broker is licensed?

Людмила Ямалова
Yes! The DLD Smart Brokers App lets you check if a broker is licensed and legitimate.

Хозяин
What if someone uses an unlicensed broker and things go south—any recourse?

Людмила Ямалова
Legally, not much. Criminal cases can be filed for misrepresentation, but they don’t help recover your money. Practically, you’re better off avoiding unlicensed brokers altogether.

Хозяин
Thanks, Ludmila. Let’s jump into the texts.

Text 1: “How does one get a Power of Attorney (POA) from someone outside the UAE who is ill and cannot travel, for selling property here?”

Людмила Ямалова
This is a two-part process:

1. Authentication Process:
   • The POA must be notarized in their home country.
   • It must then go to the Ministry of Foreign Affairs in that country, followed by the UAE Embassy for attestation.
   • Once it arrives in the UAE, it needs further attestation by the Ministry of Foreign Affairs.
   • Finally, it must be legally translated into Arabic.
2. Content Requirements:
   • For property sales, the POA must explicitly include property details like the title deed reference.

While complex, this process ensures the POA is valid in the UAE.

Text 2: “The developer of my off-plan property is demanding additional money, claiming the property is larger than in the SPA. They’re also stalling the sale until I pay. What can I do?”

Людмила Ямалова
Developers cannot unilaterally amend the SPA. Legally, they cannot demand extra payment unless the contract explicitly allows for such adjustments. However, in practice, they might refuse to issue an NOC unless their demands are met.

You have two options:

1. Negotiate and pay if it makes financial sense.
2. File a case, but this might delay the sale further.

Text 3: “Can a landlord backdate service charge increases by several years?”

Людмила Ямалова
No, they cannot. Service charges must be approved by RERA. If you suspect unfair charges, you can file a complaint with RERA to mediate the issue.

Final Call

We’re wrapping up this session. Thank you, Ludmila, for your insights as always. If you have more questions, join us tomorrow for Career Connect with our employment law specialist. Keep your legal questions coming to 4001 or call 423 1010 next time.

Хозяин
Ludmila, always a pleasure having you.

Людмила Ямалова
Thank you! Always great to be here.