The Importance of Electronic Form A's in Dubai Real Estate
If you would like to sell your property in Dubai, one of the first things you need to do is find a reputed and trustworthy real estate agent to work with. Your broker will be able to guide you through the entire sales process, providing advice on everything from the sales price you should be setting to negotiating terms of the contract with buyers. They will also help you with all the legal formalities of the sale, including all necessary documentation.
The Dubai Land Department, which governs all real estate transactions across Dubai, regulates every process via the Real Estate Regulatory Authority (RERA). There are certain legal formalities that need to be completed in order to comply with the rules set by RERA and to ensure that your property transaction is considered valid.
One of those formalities is a valid Broker’s Contract Agreement or Listing Form, more commonly known as a Form A. This is one of the most important documents in the property sales process and needs to be registered to formalize your working relationship with your real estate broker.
What is a Form A?
Simply put, a Form A is a formal mandate through which a license real estate broker in Dubai is allowed to market and sell your property. No matter which channel you prefer to use – real estate websites, property portals, open houses, etc. – having a Form A will ensure that the entire process is above board and that the broker has your permission to conduct marketing activities on your behalf.
Having a valid Form A also gives you more control as a seller, as you can lay out terms that a broker must adhere to, with the option to dissolve the agreement if they fail to do so.
A property with a valid Form A is considered to be verified and authentic on online property portals, which allows them to have greater visibility and greatly increases the chances of a transaction.
A property owner can have up to 3 Form A’s. In other words, the property can be listed by a maximum of 3 brokerages. There is also the option to have an exclusive Form A, through which only one brokerage will have the legal authority to market and sell your property for the duration of the contract period.
What information is contained in a Form A?
A Form A consists of the following:
Your realtor will assist in filling in all the necessary information and will ensure that everything is accurate and up to date.
- Details of the agreement between the seller and the broker
- Commission details for the broker/real estate agency
- Details of the property owner (if the property is jointly owned, the details of both owners will be provided, along with both of their signatures)
- Details of the property being listed for sale, including plot size and location
- Financial details of the property such as services charges and mortgage details (if applicable)
- Information on how the property will be marketed by the broker (no other marketing activity can take place without the owner’s written consent)
- Termination clauses and any other relevant clauses
Is it necessary to have a Form A when selling a property?
Yes, it is. Having a Form A (signed by the agent and the property owner) is a requirement put in place by the Dubai Land Department to ensure the validity and legality of every real estate transaction in Dubai.
If you list and sell a property without a Form A, the transaction will be considered illegal, and thus void. This could ultimately have severe consequences for all parties involved – the property seller, the brokerage that represented the seller, and the buyer plus their representatives. Sizable fines are levied for non-compliance with real estate regulations, and there might be further penalties incurred. This may also hinder any future transactions on the property.
How is a Form A created?
Previously, a realtor would download a Form A from the Dubai Land Department website, fill out the relevant details and send a physical copy over for the seller to sign. As of 2022, the entire process has been digitized and the Dubai Land Department has mandated that only electronic Form A’s would be accepted. This is part of the ongoing Smart Government initiative that aims to make all official procedures paperless.
Once you have come to an agreement with your real estate broker on the listing and marketing of your property, they will create a Form A using the Dubai REST app, the official app for managing real estate transactions designed by the Dubai Land Department. All relevant information will be filled in, including the details of the property and the property owner(s).
Your broker will send you a PDF copy of the completed form to your registered email address. The form is password protected for extra security and you will need an OTP to access it. Once you have gone through and approved the form, it can be signed electronically to complete the process.
What happens after a Form A is signed?
The broker submits the completed and signed Form A on the Dubai Land Department’s online system, known as Trakheesi. This generates a permit number, which can be used to officially advertise the property.
Having a Form A is an essential part of the property sales process in Dubai, as it allows your property to be marketed legally and on your terms while weeding out unscrupulous agents who want to list your home without official documentation. It also simplifies the transaction procedures once a deal is signed.