Article 16 of the Saudi Real Estate Brokerage Law
المادة 16 من نظام الوساطة العقارية
The Article bars the real estate broker from receiving amounts from those contracting with him except to the extent his work requires, and from using them for other than their purposes, and the Authority sets the controls for handling them.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لا يجوز للوسيط العقاري تسلم أي مبلغ من أي من الأطراف المتعاقد معهم لمصلحة أي منهم إلا بالقدر الذي يتطلبه القيام بعمله، وفقاً لما تحدده اللائحة.
2- لا يجوز للوسيط العقاري التصرف في أي مبلغ تسلّمه وفقاً للفقرة (1) من هذه المادة إلا في الأغراض المخصصة له.
3- تضع الهيئة ضوابط لتعامل الوسيط العقاري مع المبالغ التي يتسلّمها من أي من الأطراف المتعاقد معهم.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 16 explained in plain English
This Article places restrictions on the broker's handling of his clients' money, in three paragraphs:
1. Restriction on receiving: the broker may not receive any amount from any of the parties contracting with him for the benefit of any of them, except to the extent that carrying out his work requires, as the Regulations set. The starting point is a ban, and the exception is limited to the need of the work as the Regulations explain it.
2. Restriction on use: the broker may not use an amount he receives under paragraph 1 except for the purposes assigned to it. He does not use it for his own expenses or for any purpose other than the one it was handed over for.
3. The Authority's controls: the Authority sets controls for the broker's handling of amounts he receives from any of the parties contracting with him.
The Article thus combines the Law (the general principle), the Regulations (setting the extent the work requires), and the Authority's controls (the way of handling the amounts). The Article itself does not say which amounts the work needs, and this is left to the Regulations.
These amounts differ from what Article 15 regulates, which sets the cases in which the broker is entitled to the commission: the commission is the broker's right when its conditions are met, whereas the amounts meant here are what he receives for the benefit of one of the parties. It is also linked to Article 17, which gives the Authority the tasks of oversight, inspection and enforcement to implement the Law.
A person who handed an amount to a broker and wants to know their position can consult a lawyer specialized in real estate cases.
Practical example
The owner of a building in Taif handed a real estate office an amount for a specific purpose required for the office to carry out its work. The office may not use this amount to pay its premises' rent or for any other purpose; its use of it is limited to the purpose assigned, and under the controls the Authority sets.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 16 of the Saudi Real Estate Brokerage Law
May the real estate broker receive money from the client?
He may not receive any amount from the parties contracting with him for the benefit of any of them except to the extent his work requires, as the Regulations set.
May the broker use the amount he received for another purpose?
No, paragraph 2 bars the broker from using the amount except for the purposes assigned to it.
Who sets the controls for the broker's handling of clients' money?
The Authority sets the controls for the broker's handling of the amounts he receives from the parties contracting with him.
More articles on Deposits, Guarantees and Clients' Funds
- Article 12
The Article regulates the tenant's security deposit: the broker receives it and hands it to the Authority until the property is delivered, it is returned to the tenant or what remains after damages, and disputes go to experts or the competent court.
1- يتسلّم الوسيط العقاري الضمان -إن وجد- ويسلمه للهيئة أو من تخوله، ويحفظ لديها إلى حين إعادة تسليم العقار دون أضرار، ويعاد الضمان -أو ما تبقى منه بعد اقتطاع قي
- Article 13
The Article caps earnest money in a real estate transaction through a broker at 5% of its value, requires it to be stated in writing, sets when it is returned, and bars the broker from keeping it.
1- يحدد مبلغ عربون الصفقة العقارية التي تتم عن طريق الوسيط العقاري، بالاتفاق بين أطرافها؛ بما لا يتجاوز (5%) من قيمتها، وفي حال تجاوز هذه النسبة عُدَّ المبلغ مق
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

