Khaberni - The Dubai Primary Civil Court ruled to oblige a person of Arab nationality to return an amount of one million and seventy-three thousand and five hundred dirhams to another person of the same nationality living in their country, after the broker deceived him by claiming he could purchase an apartment for him in Dubai, and once he received the amount, he delayed the execution and took the money.
Electronic correspondence between them through the application «WhatsApp» revealed the details of the agreement, and proved the occurrence of receiving the apartment payment.
The details of the case go back to an offer made by the defendant to someone from his acquaintances in their country, whereby he mediated for him in purchasing a housing unit in the Emirate of Dubai.
The communication between the two parties was through the application «WhatsApp», and included the exchange of many messages containing detailed information about various properties.
According to the lawsuit files, the defendant offered the plaintiff several residential options in different areas, provided detailed information about the spaces and prices, and sent pictures of engineering plans and property deeds, in an attempt to give a sense of seriousness and credibility to the offer, prompting the plaintiff to engage with the offers and make the decision to buy.
Based on the correspondence, the broker requested the plaintiff to transfer the agreed amount, which the latter did by handing the money to one of his associates in their country, based on the first party's instructions, who later confirmed to him in a text message that the funds had reached him in Dubai and that he had received them personally.
Following the receipt of the money, the defendant began to evade and delay, before sending repeated messages promising to return them, without actually committing to do so, despite the repeated friendly demands from the plaintiff, which compelled him to file the lawsuit, to demand the refund of the amount and compensation for the damages.
During the consideration of the lawsuit, the plaintiff presented a portfolio of documents, including full images from the electronic correspondence via «WhatsApp», containing the mediation offer, details of the properties, request for money transfer, and acknowledgment of receipt, which the court considered substantial evidence in the dispute.
It explained in the reasons for its ruling that the law of evidence grants electronic evidence - including «WhatsApp» messages - the validity of customary writings, provided that it is proven to be attributed to its sender, and that the correspondence is considered a means of proof producing all its legal effects.
It also pointed out that the messages exchanged between the two parties clearly revealed the elements of the incident, starting from the offer of mediation, through the request to transfer funds, up to the confirmation of receipt, which proves the element of enrichment on the part of the defendant, and the lack of the same by the plaintiff.
The court confirmed that the practice of real estate brokerage in the Emirate of Dubai is subject to a mandatory license from the competent authorities, and that practicing this activity without a license is a violation of public order and has no legally recognized effect.
In applying this to the incident, the court found that the defendant does not hold a license to practice real estate brokerage, making the amount he received from the plaintiff lacking a legitimate legal reason, which obligates him to return it.
The court also based its decision on the legal rule that no one may take another's money without a legitimate reason, and that one who enriches himself at the expense of another without cause is obliged to return what he has obtained.
Regarding the legal interest, it explained that it is considered compensation for the delay in payment, estimating its rate at 5% per annum from the date of the judicial demand, considering that the disputed amount is of a known amount.
The court concluded by obligating the defendant to return the amount of the lawsuit, along with the legal interest, costs, and expenses, and a sum of 1000 dirhams for attorney's fees.
• The practice of real estate brokerage in Dubai is subject to a mandatory license from the competent authorities, and practicing it without a license is a violation of public order.
