Financial claims in the real estate sector

The types of claim in this sector

Real estate financial claims typically cover rent arrears and the cheques behind them; service and maintenance charges owed by owners; unpaid brokerage commission; property management fees due from owners or tenants; and amounts arising from damage exceeding the security deposit.

These are not handled identically, because the basis of entitlement differs in each: a registered tenancy contract, a jointly owned property regime, a brokerage agreement, or a management contract.

An important note on jurisdiction

Certain real estate disputes in the UAE — many tenancy disputes among them — are heard by dedicated bodies, and both the body and its procedure differ by emirate, by the nature of the property and by the contractual relationship.

Identifying the correct forum therefore comes before any discussion of escalation. We support the claim, negotiation and settlement stage; where a file needs representation before a court or a specialised committee, we coordinate with licensed lawyers or the relevant authorities within the scope of our licence.

Documents usually required

The tenancy, sale, brokerage or management contract as the case may be; evidence of registration where registration is required; cheques and any dishonour advices; the service charge statement and the basis on which it was calculated; notices sent to the other side together with proof of delivery; and a statement showing what was paid and what remains due.

In brokerage claims specifically, what links the broker's effort to completion of the transaction is usually the heart of the file: the correspondence, viewing forms, and the signed commission agreement.

Claiming money is not the same as seeking possession

Recovering a sum due is a different route from ending a tenancy or seeking possession, and each has its own conditions, procedure and documents.

Mixing the two in a single letter weakens both. Work therefore normally begins by establishing what the client actually wants: the money, the unit back, or both in a clear sequence.

How we handle a real estate file

We review the contract and documents to establish the basis of entitlement and the amount that can properly be claimed, and identify the likely competent forum before proposing any step. We then prepare documented correspondence or a formal notice and pursue a settlement or payment plan.

Where an amicable outcome is not reachable, we explain the appropriate step and coordinate with the competent authorities or licensed lawyers, without promising a result.