Brokerage for rental residential property.
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
Dear Sirs,
I am a small Real Estate Agent working in Mumbai. Six months back one person (with his family) has approached me for a 2 BHK Flat on a rental basis for a period of two years. I have found the same and he agrees with the same and the with all the terms, including the terms of my brokergae. A point of my brokerage has also mentioned in the agreement. The agreement has alredy enteded in to between him and the owner of the flat 4 months back and the same has been registered with the registering authority. Even after lapse of 4 months of completion of agreement and his shifting in to a new rented flat, the licensee is now refusing to pay an amount of brokerage to me as decided earlier and also a mentioned in the agreement.
Sir, please tell me what remedy is available to me for the recovery of my brokerage. Should I lodge a police complaint or send a legal notice to him? I have a copy of agreement with me.
Please advise.
Thanking you.
Devajyoti Barman
(Expert) 19 December 2011
You are legally entitled to get the remuneration for the services provided by you.
However, for that taking legal recourse in the form of suit for recovery of money is the option.
Filing a criminal case may also proved to be an deterring factor.
But the only hitich is absence of a written agreement for your brokerage which may however be dealt with by producing proper witnesses in support of your case.
Querist :
Anonymous
(Querist) 19 December 2011
No Sir. Written Agreement is there for the Brokerage Amount. It is a part of Leave & License Agreemnt between Licensor & Licensee. How should I proceed further in the matter for the recovery of my dues?
Devajyoti Barman
(Expert) 19 December 2011
Oh, that is fantastic.
Just go and file a suit for recovery of money.
You need a lawyer to do that.
Querist :
Anonymous
(Querist) 19 December 2011
Thank you very much sir. Is there any need for police complaint?
Raj Kumar Makkad
(Expert) 19 December 2011
A question may arise during the trial of civil suit that there is no direct agreement/contract of the licensee with you but you may take plea that once the licensee undertakes to make payment of your remuneration in the agreement executed with the licensor, the question of having direct agreement do not arise. It shall be better to take the licensor in your confidence as he shall have to come present before court for his evidence on your persuation and he is the best person to plead your case.
prabhakar singh
(Expert) 19 December 2011
police complaint may not lie as it is a civil nature contract.Take care of advises given and act with help of an advocate.
V R SHROFF
(Expert) 19 December 2011
You file a Civil Suit for Recovery. Also involve your Estate Agent's Association, and it will work. The Licensor must be giving it regularly, so next time, he will be taken care of by Association. The Practice is to Pay Brokerage along with token, before Registration.
Police Compl: If you show that both parties have intention to cheat you since beginning of deal, and if Police co-operate file FIR u/s 420, WITH SUPPORT OF YOUR ASSOCIATION, you can get fast result. There are Lakhs of Flat in Mumbai/ Thane on LL Basis, and it is not your individual stray case. So Asso have to support you.
Adv Shroff
19-12-2011
ajay sethi
(Expert) 19 December 2011
what is the amount of borkearge involved?try issuing the licencee legal notice . it may work . if you dont get any result then file civil suit for recovery
