What is the ruling on real estate offices taking a percentage higher than the legal limit for rental commission in the UAE, with increased expenses and the consent of both parties, and is it obligatory to inform the tenant of the legal commission?
The contract is the law between the contracting parties, and labor law, like custom, is resorted to when the lessor and lessee differ if the contract does not stipulate otherwise; because what is known by custom is like what is stipulated as a condition. So, if the contract explicitly stipulates the determination of brokerage fees contrary to what is customary and labor law, then what is stipulated in the contract takes precedence, as custom and habit are only considered when there is no explicit statement to the contrary. However, if there is a condition, it must be acted upon. We have explained the ruling on the state enacting laws that determine wages, and these must be adhered to if they are necessary and serve the public interest.
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- Original fatwa ID
- 150988
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