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Keshri   11 April 2025

For rights of brocker /agent

Can agent claim promised amount of commission  even if property is not selled? 



 11 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2025

Abroker can claim xommission even if the property is not sold especially if they have procured a buyer who is ready, willing, and able to purchase the property. The broker's commission is typically earned upon finding a suitable buyer, not necessarily upon the completion of the sale. However, the specifics depend on the agreement between the broker and the seller. 

1 Like

Keshri   11 April 2025

Thank ❤ you sir

T. Kalaiselvan, Advocate (Advocate)     11 April 2025

you are welcome.

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R.K Nanda (Advocate)     11 April 2025

Broker can claim some commission if property is not sold but all depends on the terms and conditions of sale agreement. 

Keshri   11 April 2025

If no specially mentioned. 

As general circumstances me kya hoga 

R.K Nanda (Advocate)     11 April 2025

Theh broker is not entitled to get any commission. 

kavksatyanarayana (subregistrar/supdt.(retired))     11 April 2025

If a property is not sold, giving a commission does not arise.

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

If there is no written agreement between the seller and the borker then it is deemed tht the seller has to pay the comission to the broker if the broker is bringing a custoer. A broker can claim commission even if the property is not sold especially if they have procured a buyer who is ready, willing, and able to purchase the property. The broker's commission is typically earned upon finding a suitable buyer, not necessarily upon the completion of the sale.


R.K Nanda (Advocate)     12 April 2025

The broker is entitled to get his full commission only after completion of sale  and execution of sale deed in SR office. But if sale is not completed then broker is only entitled to get some nominal amount for bringing customer .

Dr. J C Vashista (Advocate )     12 April 2025

Share the agreement to pursue its terms and conditions with a local prudent lawyer for proper analyses and professional advise, if it is a true story.

P. Venu (Advocate)     12 April 2025

Is there an written contract between the seller and the agent? If so,  any suggestion depends upon the terms therein. Otherwise, the issue would be decided by the prevalent custom and usage.

Any how, the issue is one of question of fact which a court alone can decide  through the due process.


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