COMMISSION TO BROKER

Querist : Anonymous (Querist) 02 January 2010 This query is : Resolved
A BROKER APPROACHED US THAT HE WOULD ARRANGE FOR SALE OF HOUSE. HE COULD NOT DO SO. ONE DAY ANOTHER PERSON BROUGHT A PROSPECTIVE BUYER. AT THAT TIME THIS BROKER HAPPENED TO BE THERE. HE ASCERTAINED ALL THE DETAILS AND NOW ISSUED US A LEGAL NOTICE ASKING TO PAY COMMISSION FOR ARRANGING THE BUYER. IN FACT HE HAS NOT DONE ANYTHING. HE CLAIMS HE ARRANGED MEETING WITH BUYER AND FIXED THE PRICE ETC. WHICH HE NEVER DONE. BUT SERVED THE NOTICE THREATENING THAT HE WILL INITITATE CIVIL AND CRIMINAL BREACH OF CONTRACT IN THE COURT. NO WRITTEN AGREEMENT WAS ENTERED INTO AND ORALLY WE ASKED HIM TO ARRANGE FOR SALE OF HOUSE.

NOW PLEASE LET ME KNOW THE CONSEQUENCES OF THE LEGAL NOTICE. ARE WE LIABLE UNDER CIVIL AND CRIMINAL FOR NO FAULT OF OURS? AND FOR NO EFFORT OF THE BROKER, DO WE HAVE TO PAY COMMISSION?

PL ENLIGHTEN AT THE EARLIEST.

THANKS

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R.R. KRISHNAA (Expert) 02 January 2010
At this moment it is enough if you send a reply notice specifically denying the allegations. You can also make a complaint in the police and also with the association of land brokers if any in your district or state.

Raj Kumar Makkad (Expert) 02 January 2010
You just make reply of the legal notice and threaten him to withdraw his claim otherwise you shall initiate a strong civil as well as criminal action against him for threatening him without any merit as no written contract has even taken place between you and him.

adv. rajeev ( rajoo ) (Expert) 02 January 2010
Without written agreement broker cannot do anything, reply to his leal notice denying all the facts.

Ashok Yadav (Expert) 08 January 2010
Reply his legal notice through a Lawyer, deny all his claims, warn him to initiate civil/criminal case against him. There is no written agreement how he can prove any thing?

Querist : Anonymous (Querist) 09 January 2010
Thanks for all the reply. In the Lawyer Notice dated 30/12/2009 it was mentioned that within one week I have settle the commission. As I was away from station, I intend to reply by 25th of this month.

Will there be an issue? Kindly keep me informed of the consequences.

Thanks

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