Non-Circumvention & Commission Protection Policy
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- Non-Circumvention & Commission Protection Policy
1. Status and Application
This Policy forms part of the Website Terms. It applies when Ras Equity discloses or facilitates an Introduction in response to an Enquiry or during an engagement. It supplements, and does not replace, any mandatory DLD/RERA form, brokerage agreement, viewing acknowledgement, referral agreement, offer, booking document or other transaction-specific instrument.
A Website click or general Enquiry may evidence notice of this Policy, but Ras Equity should obtain transaction-specific written acknowledgement wherever practicable. Commission entitlement remains subject to applicable law, the parties’ agreement and the facts of the transaction.
2. Introduction
An “Introduction” includes the communication, identification or facilitation by Ras Equity of any property, project, unit, portfolio, developer, owner, landlord, seller, buyer, tenant, investor, opportunity, mandate, counterparty or relevant representative, including through:
- property particulars, addresses, brochures, plans, prices, availability, investment memoranda, photographs or confidential information;
- physical or virtual viewings, meetings, calls, events, site visits or appointments;
- contact details, identity disclosure, referral, negotiation, offer submission, data-room access, follow-up or transaction coordination;
- any direct or indirect connection reasonably traceable to Ras Equity’s efforts or information.
3. Non-Circumvention Obligation
To the extent agreed and permitted by law, a recipient of an Introduction must not intentionally circumvent Ras Equity by directly or indirectly using the Introduction to avoid an agreed commission or fee. This includes acting through a relative, nominee, affiliate, employee, adviser, another broker, special-purpose vehicle or other intermediary.
Without Ras Equity’s prior written consent, the recipient must not:
- use confidential or non-public Ras Equity information to approach or transact directly with an introduced party for the purpose of avoiding Ras Equity;
- pass an Introduction to another person who then transacts while avoiding Ras Equity’s agreed role or fee;
- misrepresent the source of an Introduction or conceal a transaction materially connected with it;
- use Ras Equity’s proprietary materials, research or relationship information for an unauthorised competing or commercial purpose.
4. Commission and Fee Entitlement
Ras Equity will be entitled to the commission, referral fee, advisory fee or service fee stated in the applicable written agreement, DLD/RERA form, offer, invoice, acknowledgement or other legally enforceable arrangement. Where a transaction is completed through circumvention, Ras Equity may claim the fee it would have earned had the transaction proceeded through Ras Equity, together with other proven losses and remedies permitted by law.
A transaction may remain connected to an Introduction even if it is completed:
- after discussions pause or the recipient ceases communicating with Ras Equity;
- by a related party, nominee, affiliate or intermediary;
- with a different unit, phase, structure or commercial term, where the transaction is materially derived from the original Introduction;
- directly with an introduced developer, owner, seller, landlord, buyer, tenant or investor.
5. Protection Period
Unless a different period is stated in a signed transaction-specific agreement, Ras Equity asserts a protection period of twenty-four (24) months from the most recent material Introduction or facilitation. The enforceability and scope of that period will depend on applicable law, reasonableness, evidence and the particular transaction. A signed acknowledgement is strongly recommended.
6. Exclusions and Prior Relationships
The recipient should promptly notify Ras Equity in writing, with reasonable evidence, if the recipient had an active, documented and independent relationship with the introduced property or party before Ras Equity’s Introduction. Ras Equity will assess whether the opportunity was genuinely pre-existing and whether its subsequent work created a separate entitlement.
7. Confidentiality and Restricted Use
Non-public property, counterparty, pricing, strategy, data-room, deal-structure and relationship information supplied by Ras Equity is confidential and may be used only to evaluate or progress the relevant opportunity. It must not be disclosed except to professional advisers or decision-makers who need it, are informed of its confidential nature and are bound to protect it.
8. Evidence and Records
Ras Equity may maintain lawful records of Enquiries, communications, viewing registrations, introductions, access logs, acknowledgements, offers and negotiations to administer services, demonstrate the source and chronology of an Introduction, comply with law and establish or defend legal claims. Such processing is governed by Part B.
9. Remedies
For a proven breach, Ras Equity may seek payment of the applicable fee or commission, compensation for proven loss, recovery of reasonable legal and enforcement costs where awarded or contractually recoverable, interim or injunctive relief where available, and any other remedy permitted by law. Any pre-agreed compensation remains subject to judicial review and applicable UAE law.
10. No Waiver and Survival
A delay or failure to enforce does not waive Ras Equity’s rights. Confidentiality, intellectual-property, fee, non-circumvention, record-retention, remedies and dispute provisions survive the end of discussions or services to the extent legally permitted.
11. Governing Law and Priority
This Policy is governed by UAE law as applied in Dubai, with the Dubai courts having jurisdiction subject to mandatory rules. A signed transaction-specific agreement prevails in the event of conflict. References to DLD and RERA indicate the Dubai real-estate regulatory framework; MOHRE is not the regulator for client brokerage commissions or Website privacy matters.
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