- Legal Articles
- Ask Elhais
February 25, 2018|
Question: I have just moved to the UAE and I want to rent an apartment but I have heard a lot of stories about fraud committed by agents. What can I do to protect myself?
Answer: To contain these frauds and to protect oneself, there are certain things that should cause warning signs in the mind of a tenant. Some of those are: never having spoken to or contacted the owner of the property directly; dealing with someone who claims to be a "representative" of the owner without any valid Power of Attorney; being asked to make payments to a name other than that of the owner and without a valid power of attorney that expressly states that another person can receive and bank cash or cheques on behalf of the owner. If any of these statements present themselves to the person, one should start to investigate further.
It would be prudent at this point to ask for the Power of Attorney and passport copy of the person claiming to be a "representative". If the person is claiming to be an estate agent, then proof to the effect that he is a registered property agent, the Title Deed of the property and passport copy of the owner, recent and updated Tawtheeq documents and all person's phone numbers, this should all form part of the basic due-diligence by any tenant.
The most relevant part of the transaction that leads to the crime of fraud is the exchange of money. No money should be handed over to any person that does not satisfy the due-diligence explained in the paragraphs above.
Additionally, cash should never be paid in a tenant-landlord transaction as cash is untraceable without a receipt. Cheques should be used as a secure mode of payment.
Question: I have a financial order issued from an Asian country and I would like to execute it against a person in the UAE. Is that possible? And what are the steps?
Answer: A financial order is a financial agreement between two parties that is issued by the court when the two parties are unable to reach a settlement privately.
A foreign financial order can be enforced in the UAE further to Article 235 of the civil code. Such enforcement must meet certain strict conditions without which any enforcement is not possible. By applying 235, one is essentially applying foreign law through the local courts.
The foreign financial order must go through a process of attestation prior to being legible for being enforced. This process results in a mirror financial order issued through the local courts which can then be enforced.
The conditions for attestation are:
> The Dubai courts did not have jurisdiction to deal with the original litigation
> The English order was produced by a competent court using the laws of England and Wales
> Both parties were given notice of the hearing and attended or were represented
> That the court had the jurisdiction to make the orders that it did
> The order does not conflict with orders previously made by the Dubai courts, and the orders do not breach public order or morals
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.