Rera’s colour-coded norms will not impact agent commissions

Article from Emirates Business 24-7

Article from Emirates Business 24-7

Agent commissions will not be impacted under the colour-coded system introduced by Dubai’s Real Estate Regulatory Agency (Rera) whereby brokers are authorised to sell a particular type of property in a specified area, according to realtors.

Natasha Pereira, Area Manager-Dubai, Sherwoods Property Consultants, said: “Areas such as Discovery Gardens, International City and Dubai Silicon Oasis generate lesser revenue than others. For agents who have been assigned these areas, we also give them (parts of) other areas to handle the sales and rentals as well.”

She added: “Our agents are already classified into specific areas and asset classes.” While some real estate consultancies said they were already segregating the functions of a real estate agent based on specific areas and asset classes, others felt now was not an opportune time to introduce the colour-coded system.

Avais Najam, Managing Director, Venture Horizon Real Estate, said: “There is already an oversupply of real estate brokers in the market since business activity is yet to pick up in Dubai. Further, most brokerage firms continue to employ real estate agents on a commission-only basis, rather than enrolling them in their companies.” He added many brokerage firms and agents were unaware of rules that require a colour-coded system and have sought more clarity on the system’s implementation from Rera.

Najam said: “We are already segregating our real estate agents on the basis of the territories they work in. Most of our agents follow a specific territory.”

Mohanad Alwadiya, Managing Director, Harbor Real Estate, said: “At the moment we are not ready for renewals of our agents. However, we have been following our own policies similar to that set out by Rera. All our agents follow the system. For example, for handling Dubai Media City, Internet City and Tecom areas, we have one designated person since these are all free zone areas. We also have a specific division that specialises in office space.”

In September, Rera announced the four-tier broker classification system whereby brokers were granted one of four types of licences authorising them to sell property of a particular type or in a specified area.

Under the new colour-coded classification, tier one brokers, those issued a blue licence by the Department of Economic Development (DED) and registered with Rera, will be allowed to carry out all types of brokerage activities and operate throughout the emirate, including free zones if authorised to do so by the authority. These have the widest sphere of operation.

Tier two or yellow licences will be issued by the appropriate free-zone authorities to carry out the full range of brokerage activities but will be registered to operate only within “designated” freehold areas owned by that authority. The tier three registered brokers, having green licences, will be authorised by the DED and registered by Rera, to sell only properties of specific companies or developers. The last tier of licenced brokers will be issued a red licence to promote, sell or rent time-share units.

This move by Rera is a step towards regulating professional services in the sector and enhancing rights of buyers, sellers and tenants. The agents also called for the “Agent Trust Account” to be put in place at the earliest to help further regulate the brokerage industry.

Broker firms in Dubai current employ legal firms to oversee some transactions into the account and help them manage accounts in cases where deposits may have been taken by the agent from the customer.

Najam said: “For us, all the commission earnings go into an account and in cases where we receive a deposit, we take on a solicitor to safeguard the client’s deposit money and see to it that it is secured and the transaction made is accurate.

“We sometimes take a deposit of about five per cent to 10 per cent to lock in a client. The deposit money can either be in cash or cheque. In such a scenario, we usually have a solicitor on board to ensure the transaction is valid.”

According to Alwadiya, Harbor Real Estate has hired a professional legal firm to audit its transactions.

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