# Landlord won't give back my 100k



## krizza (Oct 26, 2012)

Hi guys,

I need some help. This is quite a long post 

1 month ago, I decided to meet the landlord with the agent to rent a shop in Dubai. Once we were in their office, they informed me that the shop I wanted was already unavailable and was taken only 10 minutes ago. He was VERY good with words and said that most their shops in the same location have been rented out very fast. He told me that they only have 1 shop available that has twice the size that I wanted but cheaper. When I asked him how many months is the grace period, he said that I need to be sure first that I will rent the shop and give the cheque payments. I was pressured to give them 3 cheques; 50k dated that day for the landlord as 1st rental cheque payment, 20k dated that day for the agent as commission, and another 20k for the landlord dated 1 month after that as security deposit. Once he printed the tenancy contract and given us the receipts, I informed him that my name on the tenancy contract is misspelled, he said it's ok as he will not sign the contracts that day. He will sign it after a couple of days so he will just change it by then. In short, both parties didn't sign the contract. I didn't sign ANY contract.

After our meeting, I immediately went to the shop to check the place. I was so surprised with what I saw, totally different than what he described. The location was also awful, it was in the far corner of the place.

Less than 12 hours after our meeting, I decided to give him a call to inform him that I was disappointed with the shop and I have changed my mind. I decided to cancel the contract. I told him that since we both haven't signed any contracts yet, that it will be easier for both of us to settle this. But he said that he needed to go out of the country & will be back after several days. He said that while he is gone, I should reconsider and he will give me more discount. Despite our conversation, they still encashed my 50k cheque. I had a meeting with them and informed them that I wasn't interested regardless of the discount. They informed that the cheques are nonrefundable. The cheque that they en-cashed was the first rental payment when I don't the contract yet. I told them to reconsider as all the investors backed out once they saw the place. The landlord said that the only thing they can do is to find an investor for us. Since they made us feel that there is no other option, we waited for them to find an investor.

3 weeks later, we realized that they are just trying to stall us, delaying us so maybe they could en-cash the other cheque that was dated a month after. I talked to them and informed them that I wasn't interested even if they find an investor for us,. I needed to get the full refund. They stopped answering my calls and emails.

After a week, they decided to answer me and said that they will give back the 70k but there is a penalty of 30k. Even the real estate agent that was willing to give back the 20k suddenly changed their mind and informed us that they won't give back the cheque because the landlord talked to them.

The total that they wanted to take from me is more than 50k when I clearly cancelled the contract less than 12 hours after our meeting./

Is this legal? I'm planning to go to rental dispute centre but I heard that I need to have proper Ejari and contract.

Could you please let me know if I should go to RDC or court? If so, what are the fees and how long does it usually take.

Hope someone could help me..

Thanks!!


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## TallyHo (Aug 21, 2011)

Do you have receipts and transcripts? Copies of the cheques from the bank?

Even if you don't you need to to the police. Pronto. Don't be afraid of them. A phone call from the police to the real estate people will probably be enough. GO TO THE POLICE.


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## Stevesolar (Dec 21, 2012)

Hi,
You did not "cancel the contract after 12 hours" - as you don't actually have a contract.
What nationalities are the landlord and the agents along with your investors?
The reason that I ask this - this sounds like a case where you might need to involve some people with serious Wasta - as I suspect the police will not be too interested.
Best of luck
Steve


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## krizza (Oct 26, 2012)

TallyHo said:


> Do you have receipts and transcripts? Copies of the cheques from the bank?
> 
> Even if you don't you need to to the police. Pronto. Don't be afraid of them. A phone call from the police to the real estate people will probably be enough. GO TO THE POLICE.



Hi! I have the copies of everything. I tried going to the police twice with no luck. They said I should go to court directly.


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## krizza (Oct 26, 2012)

Stevesolar said:


> Hi,
> You did not "cancel the contract after 12 hours" - as you don't actually have a contract.
> What nationalities are the landlord and the agents along with your investors?
> The reason that I ask this - this sounds like a case where you might need to involve some people with serious Wasta - as I suspect the police will not be too interested.
> ...


Hi! the police wasn't interested, they told me to go to court directly. Landlords are arabs, Jordanian maybe? The agents are Indians. The investors are family friends but they decided not to continue since the place was awful.


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## Stevesolar (Dec 21, 2012)

Hi,
Police are not too interested in company cheque fraud cases - only personal cheque cases.
That is why you need to get some Wasta involved - a heavy hitter who can lean on the guilty parties.
Cheers
Steve


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## krizza (Oct 26, 2012)

Stevesolar said:


> Hi,
> Police are not too interested in company cheque fraud cases - only personal cheque cases.
> That is why you need to get some Wasta involved - a heavy hitter who can lean on the guilty parties.
> Cheers
> Steve


I unfortunately don't know any wasta here in UAE despite living here for 12 years. I was hoping that the police could scare them off. I was really surprised when the police didn't even hear me out.


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## Mr Rossi (May 16, 2009)

It could be the police aren't interested when someone hands over 90k for a property prior to any viewing.

Have you contacted a lawyer?


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## krizza (Oct 26, 2012)

Mr Rossi said:


> It could be the police aren't interested when someone hands over 90k for a property prior to any viewing.
> 
> Have you contacted a lawyer?


No, they didn't even hear the story. I was trying to tell them, but they said that when it comes to cheque problems, go to court directly. 

Is contacting a lawyer a good option? Isn't their fee higher than than what I'm claiming?


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## A.Abbass (Jun 28, 2014)

How can you hand cheques for a place you never inspected ? This amazes me more than the whole fraud thing.


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## krizza (Oct 26, 2012)

A.Abbass said:


> How can you hand cheques for a place you never inspected ? This amazes me more than the whole fraud thing.


I know, I'm quite gullible. That's why I don't like carrying chequebooks with me LOL


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## The Rascal (Aug 6, 2014)

it's a civil case not a criminal case. Your only real option is to go to the court and discuss it (for free) with one of the court officers, ask them for advice.

And in future don't hand over anything without seeing the contracts.


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## Skip_ZA (Jan 28, 2015)

A.Abbass said:


> How can you hand cheques for a place you never inspected ? This amazes me more than the whole fraud thing.


Agreed, It still amazes me to read such stories. People in this day and age need to be super skeptical about everything. Luckily as a South African I have been prepared for this my entire life here....

Good luck with the case...


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## crt454 (Sep 3, 2012)

krizza said:


> I unfortunately don't know any wasta here in UAE despite living here for 12 years. I was hoping that the police could scare them off. I was really surprised when the police didn't even hear me out.


they only here out there own people, sorry but the truth hurts sometimes


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## nonoa (Jan 9, 2014)

crt454 said:


> they only here out there own people, sorry but the truth hurts sometimes


No, not even us hahahaha

I wasn't heard either, and had to go to court to also fight a check issue - but this was a fight about maintenance - and being I was an idiot and thought I could win against a housing GIANT.....it would've been cheaper to pay.

Put stop payments on the other checks if you haven't already.

If you go to court, and even (actually especially) if you hire a lawyer....follow up with them constantly. I'm not kidding, they could call you for a hearing and you wouldn't even know it.
There is also an online portal where you type in the case number and it gives you the case status.

Good luck.


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