I worked as an agent in a real estate company for five months and, just before resigning in April, I struck a deal of Dh2.65 million for which I'd worked since November 2014. I had carried out 16 property viewings, I was also part of a MOU signed by my client but was not involved in the transaction procedure which took place in May 2015 since it was a mortgage property in Downtown.
I was verbally assured by my general manager that my part of the commission would be sent to my home country in India once the deal was closed. However, he did not put anything in writing in spite of me insisting he do so. I then returned to India and the general manager took over the deal, as the purchaser was a friend of his from Jordan. It's now been almost four months and I have still not received my commission. I have been following up with the general manager on WhatsApp regularly and he has not showed any intention of not giving me the money. He says they have not yet collected the commission from the purchaser and the same has been confirmed by other company sources. I sent him two emails and he replied to my second today, saying I am not entitled to it. What are my best options to collect my commission as I am in need of money? Can I claim from the company, irrespective of the fact they have not received it? Can I report this to Rera or the Ministry of Labour? RK, India
The first thing I would like to point out is that no company pays commission to its brokers on a sale that they have yet to be paid on themselves. This is the first part of this jigsaw that needs addressing.
I realise that you require your commission and that you have been very patient, but all you can reasonably do at the moment is to keep communications open with your old company and wait until they have been paid. Rera or the labour department will not be of help at this stage. When you do get proof that the buyer has finally paid the commission then you can press ahead with the company for your fee. If this then becomes a dispute, I would go ahead and file a case at the labour department. Your case, however, is not so clear cut as you do not have written proof that the company will honour your commission now that you have left their employment. Remember that you left before the transaction was concluded; this could possibly weaken your case.
I have a standard tenancy contract that started in May this year for Dh55,000. I am now moving back to the United States and want to vacate by the end of November. The next cheque (which the landlord holds) is due to be cashed on January 10. What are the appropriate steps to handle this with the owner, as he is very unethical and I've already had problems with him? LW, UAE
Firstly, please check your contract to see if there is any provision for early termination. For Dubai, any changes to a contract have to be given in writing 90 days before the expiry of the agreement but a common format followed is that the tenant pays the landlord a compensation to break the contract early which is the equivalent of two months’ rent. In some contracts, this is just one month but if nothing is in writing, you will have to speak with your landlord to try to negotiate and explain your situation. In this case it is also beneficial if you are able to help finding another tenant to take over the requested rental period.
For Abu Dhabi, any changes or termination of the contract can only be done by giving 60 days’ prior written notice from the date of expiry. One cannot terminate the contract whenever one likes. There are, however, a couple of ways that a contract can be terminated early; again check the contract for any clauses to this effect or get your landlord’s permission. This last point, as in Dubai, can attract a penalty which has to be negotiated between the parties as there are no set rules in place. If you have neither an early termination clause or your landlord’s permission, you unfortunately will be liable for the rent up to the termination date of May 2016.
Mario Volpi works at Asteco property management and has more than 30 years of experience in the real estate industry in Dubai and London. Send any questions to mariov@asteco.com.
The advice provided in our columns does not constitute legal advice and is provided for information only.
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Quick pearls of wisdom
Focus on gratitude: And do so deeply, he says. “Think of one to three things a day that you’re grateful for. It needs to be specific, too, don’t just say ‘air.’ Really think about it. If you’re grateful for, say, what your parents have done for you, that will motivate you to do more for the world.”
Know how to fight: Shetty married his wife, Radhi, three years ago (he met her in a meditation class before he went off and became a monk). He says they’ve had to learn to respect each other’s “fighting styles” – he’s a talk it-out-immediately person, while she needs space to think. “When you’re having an argument, remember, it’s not you against each other. It’s both of you against the problem. When you win, they lose. If you’re on a team you have to win together.”
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%3Cp%3EDirector%3A%20Khalid%20Fahad%3C%2Fp%3E%0A%3Cp%3EStarring%3A%20Shaima%20Al%20Tayeb%2C%20Wafa%20Muhamad%2C%20Hamss%20Bandar%3C%2Fp%3E%0A%3Cp%3ERating%3A%203%2F5%3C%2Fp%3E%0A
What sanctions would be reimposed?
Under ‘snapback’, measures imposed on Iran by the UN Security Council in six resolutions would be restored, including:
- An arms embargo
- A ban on uranium enrichment and reprocessing
- A ban on launches and other activities with ballistic missiles capable of delivering nuclear weapons, as well as ballistic missile technology transfer and technical assistance
- A targeted global asset freeze and travel ban on Iranian individuals and entities
- Authorisation for countries to inspect Iran Air Cargo and Islamic Republic of Iran Shipping Lines cargoes for banned goods
if you go
The flights
Flydubai offers three daily direct flights to Sarajevo and, from June, a daily flight from Thessaloniki from Dubai. A return flight costs from Dhs1,905 including taxes.
The trip
The Travel Scientists are the organisers of the Balkan Ride and several other rallies around the world. The 2018 running of this particular adventure will take place from August 3-11, once again starting in Sarajevo and ending a week later in Thessaloniki. If you’re driving your own vehicle, then entry start from €880 (Dhs 3,900) per person including all accommodation along the route. Contact the Travel Scientists if you wish to hire one of their vehicles.
How green is the expo nursery?
Some 400,000 shrubs and 13,000 trees in the on-site nursery
An additional 450,000 shrubs and 4,000 trees to be delivered in the months leading up to the expo
Ghaf, date palm, acacia arabica, acacia tortilis, vitex or sage, techoma and the salvadora are just some heat tolerant native plants in the nursery
Approximately 340 species of shrubs and trees selected for diverse landscape
The nursery team works exclusively with organic fertilisers and pesticides
All shrubs and trees supplied by Dubai Municipality
Most sourced from farms, nurseries across the country
Plants and trees are re-potted when they arrive at nursery to give them room to grow
Some mature trees are in open areas or planted within the expo site
Green waste is recycled as compost
Treated sewage effluent supplied by Dubai Municipality is used to meet the majority of the nursery’s irrigation needs
Construction workforce peaked at 40,000 workers
About 65,000 people have signed up to volunteer
Main themes of expo is ‘Connecting Minds, Creating the Future’ and three subthemes of opportunity, mobility and sustainability.
Expo 2020 Dubai to open in October 2020 and run for six months
The biog
Alwyn Stephen says much of his success is a result of taking an educated chance on business decisions.
His advice to anyone starting out in business is to have no fear as life is about taking on challenges.
“If you have the ambition and dream of something, follow that dream, be positive, determined and set goals.
"Nothing and no-one can stop you from succeeding with the right work application, and a little bit of luck along the way.”
Mr Stephen sells his luxury fragrances at selected perfumeries around the UAE, including the House of Niche Boutique in Al Seef.
He relaxes by spending time with his family at home, and enjoying his wife’s India cooking.
Classification from Tour de France after Stage 17
1. Chris Froome (Britain / Team Sky) 73:27:26"
2. Rigoberto Uran (Colombia / Cannondale-Drapac) 27"
3. Romain Bardet (France / AG2R La Mondiale)
4. Fabio Aru (Italy / Astana Pro Team) 53"
5. Mikel Landa (Spain / Team Sky) 1:24"
Avatar: Fire and Ash
Director: James Cameron
Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana
Rating: 4.5/5
LA LIGA FIXTURES
Friday (UAE kick-off times)
Levante v Real Mallorca (12am)
Leganes v Barcelona (4pm)
Real Betis v Valencia (7pm)
Granada v Atletico Madrid (9.30pm)
Sunday
Real Madrid v Real Sociedad (12am)
Espanyol v Getafe (3pm)
Osasuna v Athletic Bilbao (5pm)
Eibar v Alaves (7pm)
Villarreal v Celta Vigo (9.30pm)
Monday
Real Valladolid v Sevilla (12am)
Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Our legal consultants
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
