After Contract F is signed for a Dubai Hills villa, the buyer hands the seller's brokerage a manager's cheque for the agreed deposit, to be held until transfer. In what capacity does the brokerage hold the cheque?
Article 21 of Bylaw No. 85 of 2006 deems a broker the trustee of any amounts, securities or other items a party delivers to him for safekeeping or for delivery to the other party; he must deliver them as agreed and is bound by the trusteeship rules. The size of the deposit (often 10% in practice) is set by the parties in Contract F, not by law. Paying it to the seller on request ignores the agreed terms, and project escrow accounts under Law No. 8 of 2007 apply to off-plan sales by developers, not to a resale deposit. Source: Bylaw No. (85) of 2006, Art. 21 (in force 12 Oct 2026); RERA Practice Guide (Nov 2024), Contract F.
Treating the deposit as the seller's money the brokerage must hand over on demand.
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