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Can broker can claim for his brokerage without completing the deal
05-Aug-2023 (In Property Law)
I have a plot for sale in UP. One broker fixed my meeting with the buyer. The buyer gave me cash of Rs 5000 in hand and on his diary page having horizontal lines he wrote that I have made a deal with him to sell my plot in Rs 3000000 to him and he has time of 90 days to pay me the remaining amount. I, him, broker & my one relative signed on that page of diary where this was written. I took photo of the diary page and sent on Whatsapp to the broker. The buyer took photocopy of my registry of the plot. After 2 days, I decided to not sell my property due to personal reasons. The broker is asking 2% brokerage even without the deal as his point is that he did all the effort to make the deal happen so he should get his commission. If I will not pay him the commission, he will file a case against me in court and get the stay order on the property based on the paper signed by me. Can broker or the buyer demand money from me on the basis of threat given to me for the court case?
as per our law, even the oral agreements are enforceable. Now as you have backed out from the agreement, so the broker is entitled to claim his breakage from you at least 1% of the sell consideration. The buyer can go for filing of the suit for Specific Performance against you. But as Rs. 5000/- is a too meager of amount considering the total sell consideration, so yu can refund the amount and try to settle with them.
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Adv. Devender Kumar Kataria
Gurgaon | 100+ Answers
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Salutations Sir, Just read your query. We at Mittal Law Offices deal with these type of cases. We will get back to you on your contact details to have an elaborate discussion and offer all possible help from our side.Kindly wait for our call. Thanks.
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Adv. Akshat Mittal
Panchkula | 100+ Answers
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