Dubai real property marketers to ask on your revenue certificates?
I considered a condominium in Dubai and determined to head for it. However, when I approached the real estate firm, an agent told me that I needed to put up earnings certificates and a 3-month bank announcement. In all my years in Dubai, that is the primary time I even have heard of such a component. I instructed the agent that my revenue became none of his enterprises and that I might post the copies of my passport, visa, and Emirates ID, along with my wife’s, as required by means of the regulation. He told me the revenue certificate requirement become an “internal policy” of his company. Are actual property retailers entitled to access my earnings information? If now not, how do I complain against it?
Pursuant to your queries, we expect that you intend to have a brand new apartment on rent or to shop for the same in the emirate of Dubai. It is to be mentioned that, actual estate agents in Dubai are regulated through Bylaw No 85 of 2006 regulating the Real Estate Brokers Register within the Emirate of Dubai (the ‘Real Estate Agent Law’). The stated regulation does now not obligate brokers or retailers to reap income certificates from customers to finalize a deal associated with shopping for or renting a condominium.
Therefore, you may deny supplying your salary certificates and 3-month bank statement to the actual estate agent as there’s no provision within the law of the emirate of Dubai to offer such requirement at the same time as purchasing or renting a condominium. In the event, the real estate agent denies you to complete the formalities for both buying the condominium or in case you are looking out for the condominium on hire then such denial via the real estate agent in a violation of Article 18 and 22 of the Real Estate Agent Law of Dubai.
Article 18 of the Real Estate Law of Dubai states: “A dealer shall no longer mediate to enter into a transaction that is in violation of the laws and guidelines relevant inside the Emirate.”
Further, Article 22 of the Real Estate Law of Dubai states: “A booking shall be chargeable for any losses or damages inflicted on any of the contracting parties because of his acts thru deception, fraud or non-observance of the standards to be followed as in step with the provisions of this By-Law or in accordance with the requirement of the Code of Ethics.”
Subsequently, it is able to be cited that inside the UAE, an individual’s proper to privacy is blanketed underneath the UAE Penal Code.
Further, Article 379 of Federal Law No. 3 of 1987 on issuance of the Penal Code states: “Punishment by means of detention for a duration of no longer much less than twelve months and via a first-rate of now not less than Dh20,000, or both of those two consequences, shall observe to absolutely everyone who’s entrusted with a secret by using distinctive feature of his profession, alternate, position or artwork and who discloses it in cases other than those lawfully permitted, or if he uses this kind of mystery for his own non-public advantage or for the advantage of every other individual, until the character worried allows the disclosure or use of the sort of secret.
“A penalty of imprisonment for a duration now not exceeding five years shall apply to a culprit who’s a public official or in charge of public service, and has been entrusted with the secret at some point of, due to or on the event of the overall performance of his obligation or service.”
In continuance, Article 90 of the Federal Law No. 5 of 1985 (the “Civil Code”) states: “Whoever is a victim of an illegal act of trespassing upon a right inherent in his persona, may ask that such an act of trespassing be ceased and claim compensation for any damages caused to him.”
Based at the aforesaid provisions of numerous laws of the UAE, you can inform the actual property agent that he is attempting to invade your privateness through asking for you to post your profits certificate and financial institution account statement as these are personal files and no longer essential to buy or avail a rented apartment in the emirate of Dubai. Further, you may technique Real Estate Regulatory Agency (RERA) to file a criticism against the real estate agent.