--- title: "What to put in writing before you even show the listing" description: "The documents and agreements Dubai agents must have signed before viewings begin — so commission disputes never start." category: "negotiation-proof" readingTime: 12 --- ## The deal starts the moment you pick up the phone You've spoken to an agent at another brokerage. They have a buyer — cash, motivated, ready to move this week. You have the listing. They want to see it tomorrow. You say yes, share the details, and book the viewing. That exchange happens fifty times a day across Dubai. And in a meaningful number of those fifty deals, something goes wrong on the commission side. Not because anyone is necessarily dishonest. Because nobody stopped to put anything in writing before the showing happened. By the time the buyer makes an offer, negotiations with the other side are already underway and nobody wants to pause them to argue about a split that "should have been obvious." By the time Form F is on the table, the listing agent has leverage and the buyer's agent has already introduced their client — meaning their position has weakened. By the time money changes hands at the trustee's office, the payment mechanics are an afterthought. That's the gap where commission disputes are born. This guide exists to close that gap — by walking through exactly what should be agreed, documented, and signed before a single client walks through a door. ## Why the verbal agreement feels fine until it isn't In fast-moving markets like Dubai, agents sometimes proceed on trust or a phone call agreement when time is short. This almost always creates problems if the deal becomes complicated. There is a reason the market has evolved this way. Deals in Dubai move fast. A buyer can fly in, view two units, and issue a written offer the same afternoon. The pace rewards agents who act quickly. But pace becomes a liability the moment there is ambiguity about who introduced the buyer, what split was agreed, or which brokerage is owed what. A verbal commission split agreement is not enforceable under RERA regulations. If a dispute arises between two agents over who is owed what, the agent without a signed Form I is in a very weak position. That is not a theoretical risk. Commission disputes are among the most common complaints filed with RERA. The overwhelming majority of those disputes have one thing in common: the paperwork trail broke down before the client ever showed up at the property. If a commission dispute arises, RERA's Rental Disputes Settlement Centre handles the case. Having a written agreement is essential to win any dispute. Written agreements are not bureaucratic caution. They are the mechanism by which you get paid. ## The paper stack that should exist before you open the door Dubai's regulatory framework gives agents a specific set of forms for every relationship in a transaction. The system is more complete than most agents use it. Here is what should be signed and in order before any viewing takes place. ### Form A: the listing mandate comes first Form A records the relationship between the seller and the broker, defining the listing terms and the broker's commission. If you are the listing agent, this is the foundation of everything. Without a properly signed Form A in the Trakheesi system, you do not have a documented mandate — which means you have a fragile claim to the commission that follows. Form A defines whether the listing is exclusive or non-exclusive. This distinction matters directly to how co-broking works. If you have a non-exclusive mandate, you are listing alongside other agents and the buyer's agent already knows the property is available through multiple routes. Your leverage in negotiating the split is partly determined by whether you hold the only valid Form A for that unit or one of several. Know which situation you are in before you have the conversation with another agent. The Form A also needs to state the agreed commission rate. RERA licenses and regulates brokers but does not mandate the fee, so the 2% and 5% figures are industry custom. The rate that binds you is the one written into the representation form you sign. If your Form A says 2% and the other agent's buyer is paying 2%, the total commission pool is fixed. Everything that happens between the two agencies comes out of that pool. The split negotiation is about dividing what the client has already agreed to pay — not about creating additional value. ### Form B: the buyer's agent's mandate Form B defines the engagement between the buyer and the broker, typically covering search, viewing, and offer submission. If you are bringing the buyer into a co-broke arrangement, your Form B is what proves the relationship is documented. It protects both the buyer, by confirming the agent's exclusive commitment to their search, and the agent, by creating a legally documented relationship with the buyer that supports any future commission claim. Do not assume the other agent has their Form B in place before agreeing to share listing details. Ask. If they have not signed a Form B with their buyer yet, there is no documented agency relationship to protect — and if that buyer later approaches the seller directly or through another agent, you have a messy situation with no clean resolution. ### Form I: the agreement between the two agencies This is where most co-broke disputes actually originate. In the Dubai real estate market, it is very common for two different agents to be involved in a single transaction: one representing the seller and another representing the buyer. Form I is the official agreement that governs the relationship between these two professionals. Its primary purpose is to protect the agents and ensure the transaction remains professional and transparent. Without this form, there is no legal protection regarding how the deal is handled between the two agencies. Before the buyer's agent can arrange viewings, share the property's details, or participate in negotiations, both agents must sign Form I. This protects the listing agent's client relationship, ensures the buyer's agent receives their agreed share of commission, and prevents disputes about who facilitated the sale. Read that last sentence carefully. Form I does not just protect the buyer's agent. It protects the listing agent too. Without Form I, Agent A risks Agent B approaching the buyer directly and cutting them out of the commission. Equally, Agent B risks Agent A's buyer going back to the seller independently and removing the listing agent from the deal. The form creates mutual accountability and makes the commission split legally enforceable. Key aspects of Form I include: Commission Split — it clearly defines how the total commission will be divided between the listing agent and the buyer's agent. Professional Conduct — it ensures both agents adhere to RERA's code of ethics while collaborating. Role Definition — it specifies which agent is responsible for particular tasks, such as coordinating with the developer or attending the final transfer at the Trustee office. That last point deserves its own attention. When two brokerages are involved, somebody needs to own the NOC process, the liability letter follow-up, the trustee office appointment, and the commission invoice timing. If Form I does not define who does what, you will find out the hard way — usually when a deadline is missed and both agents are pointing at each other. ## What the split conversation actually looks like The commission split between the agents is negotiable and must be agreed upon by both parties. There is no universal rule that mandates a specific division between two co-broking agencies. The market has norms, but norms are not rules. Commission-split agreements commonly use 50/50. That is the default most agents reach for because it is the path of least resistance and it is defensible to both sides. But the actual split in any given deal reflects leverage, market conditions, and the specific facts of who brought what to the table. What matters here is not the number you land on — it is that you land on it, confirm it explicitly, and put it in Form I before the viewing happens. The conversation goes like this: - What is the total commission the buyer is paying? - What is the total commission the seller is paying (if applicable)? - What percentage of each side goes to each agency? - Is VAT included in those figures or additional? - Who invoices the client and who invoices whom? Confirm whether the 2% is inclusive or exclusive of VAT. On a AED 2M purchase, a VAT-inclusive quote is materially different from 2% plus VAT. VAT applies to agency fees on sales transactions and commercial leases. Agents must issue VAT-compliant invoices. If the split agreement between two agencies does not address how VAT flows between them, the invoicing process at completion will be confused — and a confused invoice is one that does not get paid quickly. ## The split is agreed. Now: who gets paid, and when? This is the question most agents skip entirely during the pre-viewing conversation — and it is the one that causes the longest delays. In a standard Dubai secondary-market sale, the client's cheque (or the commission element of the bank transfer at transfer) goes to the brokerage that invoiced them. That brokerage then needs to pay the other agency its agreed share. How long does that take? Under what mechanism? Does it require a separate invoice from the other agency? Does the other brokerage's internal approval process add days? None of this is exotic complexity. It is the normal mechanics of a co-broke deal. But if the two agencies have not talked about it before the deal closes, the gap between the client paying and the buyer's agent getting paid can stretch from days into weeks into months. The payment is processed through the brokerage accounts; direct cash transfers between agents violate MOHRE rules and can lead to license suspension. Everything goes through the proper channels. That is correct practice. But "through the brokerage accounts" does not mean instantaneous. It means someone at the listing brokerage has to process and approve an outbound payment to the buyer's brokerage, who then has to process the agent's internal split before the individual sees any money. The point is: every handoff in that chain is a potential delay. And every delay that was not agreed in writing becomes a dispute — or at least a difficult conversation — after the client has already paid. ## Rental deals: the same principles, different documents In rental transactions, the Ejari registration marks the point at which the tenancy is formally recognised. A tenancy contract without Ejari registration has no legal standing in Dubai. For an agent on a rental deal, commission is typically collected around the same time the tenancy agreement is signed and the post-dated cheques are issued. The commission conversation in a rental co-broke has the same structure as in a sale. In rental transactions, it is usually the tenant who pays 5% of the annual rent (or a minimum flat fee) to the broker. The 5% is not written into Dubai's tenancy law; it is the figure RERA recognises as customary and the one referenced when a commission dispute reaches the Rental Disputes Center. That means the rate is negotiable — and two agents from different agencies can agree any split they choose. The obligation is the same: write it down in Form I before the viewing. One additional consideration on rentals: post-dated cheques. When a tenant pays twelve months' rent in multiple post-dated cheques, there is sometimes a question of when commission is considered "earned" — at signing, or when the first cheque clears. The safest rule is simple: commission is payable only when the relationship, rate, service scope, and payer have been agreed in a written broker document. Align on this in writing before the deal closes, not after. ## Off-plan co-brokes: a different structure, same documentation need On off-plan deals, the developer typically pays the agent's commission from their sales budget — not from the buyer. For off-plan purchases direct from a developer, the developer typically pays the agent, so the buyer often pays no separate commission. This changes the commission structure but not the documentation requirement. If an agent is co-broking an off-plan unit — introducing a buyer to a listing agent who has the developer's inventory — the split between the two agents still needs to be agreed and signed before the introduction happens. The developer's commission payment goes to the registered agent, and that agent's obligation to the co-broke agent is governed by whatever the two agencies agreed in writing. The regulated escrow account that governs off-plan buyer funds — established under Law No. 8 of 2007, which requires developers to hold all buyer payments in a project-specific account with a DLD-approved bank — is a separate legal mechanism that protects buyers. Under Law No. 8 of 2007, every buyer instalment must be paid into a project-specific escrow account held by a RERA/DLD-approved bank. The account is dedicated exclusively to that one project and is legally shielded from the developer's creditors. The developer can only withdraw funds in stages that match construction milestones certified by an independent engineer. Agent commission on an off-plan deal flows separately, through the developer's sales process — not through that escrow account. The agent's documentation requirements are no different simply because the underlying deal is off-plan. Form I still governs the co-broke. ## The Form F moment: what should already be settled by then In most Dubai resale deals, the MOU is the document people call Form F. It brings the buyer, seller, broker, property details, agreed price, commission, and sale conditions into one signed record before the transfer moves ahead. The Dubai Land Department Form F will cover property and financial details and the commission to be paid to the seller's and buyer's agents. This means the commission figures appear in Form F. If two agents have not agreed on the split before Form F is prepared, the person drafting the document — usually the listing agent — controls the framing. That is a poor position for a buyer's agent to be in. By the time Form F is drafted, every commission question should already be resolved: - Total commission amount confirmed - Split between the two agencies agreed and in Form I - VAT treatment of both agency fees confirmed - Invoicing process and timeline agreed - Who attends the trustee office confirmed Whatever rate you agree, get it documented in the agency agreement before signing any MOU. Verbal agreements on commission are not enforceable under RERA dispute resolution. If any of those points are still open when Form F lands on the table, you are negotiating your commission while simultaneously trying to close a deal. You will almost certainly compromise on the commission to avoid derailing the deal — because the client's interests come first, and no professional agent is going to blow up a transaction over a payment dispute that should have been resolved a week earlier. ## What happens when you skip the paperwork Every agent has a version of this story. Two agencies work a deal together. Commission goes to the listing brokerage. The buyer's agent's share never arrives, or arrives weeks late and short of the agreed amount. The buyer's agent escalates to their manager. The listing brokerage says the amount was always calculated differently. There is no Form I. There is a WhatsApp thread with an ambiguous message that could be read either way. You may have strong grounds to dispute a commission if there is no signed agreement, written offer, invoice acceptance, or clear evidence that you agreed to pay. However, WhatsApp and email messages can still be evidence. They can — but relying on WhatsApp as your primary evidence in a commission dispute is a bad position to be in. The other agency's legal team will argue interpretation. RERA's process will take time. And while you wait, you are not getting paid. Verbal agreements are risky. Draft the Form I as soon as possible to secure your commission. That is not excessive caution. That is standard professional practice in a market that gives you the tools to protect yourself. Verbal agreements on commission are not enforceable under RERA dispute resolution. RERA is responsible for licensing agents, registering off-plan escrow accounts, and maintaining the Trakheesi system for all real estate activity. Trakheesi records carry weight in any dispute resolution process. Documents that exist in the system are evidence. Documents that live only in someone's memory are not. ## The sequence that removes the friction There is one outcome that eliminates almost every commission dispute from a co-broke deal: both agents agree the split in writing before the first viewing, and both agencies are paid at the same time from the same transaction. That sounds straightforward, and in principle it is. The challenge is that it requires a different discipline from the one the market has normalised. Most agents get excited about the deal and move fast. The instinct is to show the property first and sort the paperwork later. That instinct costs the industry a significant amount of time, money, and professional goodwill every year. The alternative is a clear pre-viewing sequence: 1. **Before sharing listing details:** Confirm the other agency holds a valid RERA licence and the agent has an active BRN. Real estate brokerage in Dubai is a regulated activity. Practising agents must be registered with RERA and hold a broker card with a broker registration number (BRN). 2. **Before arranging the viewing:** Agree the split explicitly — percentage, VAT treatment, total pool — and sign Form I. 3. **Before preparing Form F:** Confirm who invoices the client, who invoices whom between agencies, and the timing of payment from one brokerage to the other. 4. **At the point of transfer:** Both commissions are invoiced, both agencies receive their agreed share without one side waiting on the other. When multiple agents are involved in the same listing, commissions are split between them according to signed RERA forms. This ensures transparency and avoids disputes. That is the system working as designed. The forms exist. The mechanism is there. The only thing that breaks the system is agents choosing not to use it until after a problem has appeared. ## The principle worth taking into every deal The cleanest deals are the ones where nobody has to chase anything after the client has paid. The client pays, the money moves, everyone receives what was agreed, and the agents go back to prospecting. That is the professional standard the market is capable of — and the agents who consistently operate at that standard are the ones who co-broke well, get called again, and build the kind of reputation that generates its own deal flow. Getting there is not complicated. It requires one discipline: treat the written agreement between agents as a condition of showing the property, not a formality to be sorted later. The listing does not go out. The viewing does not happen. The client does not get introduced. Until the split is signed. When both parties are agreed in writing before any work is done, paid at the same moment from the same transaction, and neither is waiting on the other to process a payment, the dispute that usually lives between "deal closed" and "commission received" simply does not exist. That gap closes the moment the paperwork is in order — and it closes before the client walks through the door.