Sir, I have purchased property with a reputed builder Ruparel thinking that they are genuine. The builder agreed to pay brokerage for the property at time of booking which I suggested to my Son in Law in an under construction project in April 2017. The builder didn't paid the brokerage for 1 yr saying it will take time to pay due to fund issue then RERA came into existence and they said without RERA Licence for Agent we wont pay you the brokerage. I applied for RERA no and got it and submitted to builder but still no payment. He didn't include my name even in their registered broker list of Ruparel or on the website of RERA so he will not be liable to release the payment. Now they are saying not to make the brokerage payment as I and the buyer my Son in Law are relative and hence no brokerage will be paid in case of family relation. I have never hears such unethical and lame reason for eating away the broker money. The project is still running my son in law is making regular payments on time but not paying the builder not paying brokerage Please advise legal process which I need to do in such case.
1) do you have any letter from builder that he would pay you brokerage
2) any correspondence with builder wherein he agreed to pay you brokerage
3) if so then issue legal notice to builder to pay you brokerage
4) if builder fails to pay file summary suit against builder to recover brokerage amount with interest
You can try in maharera as there is an interpretation by court that all the real estate issues are covered in same. Else you need file case in civil court or you can file it in NCLT against the builder company
Issue a legal notice through lawyer and file a recovery of money suit against builder along with interest.
1. The verbal agreement made on account of payment of brokerage is a valid piece of agreement and can be enforced in the court of law.
2. The problem is to recover this you will have to file a civil suit for recovery for money which would take both costs and time.
3. To recover brokerage no case before the consumer forum lies.
4. So you can send them a legal notice seeking payment of brokerage to try your luck.
Sir if there is proof or email record with you where in builder has agreed to pay brokerage and now he is not paying same serve a legal notice to the builder for recovery of your brokerage and further if on notice he fails to pay same file a reocery suit in the civil court.
1) Have you signed agency agreement with builder. If yes than builder has to follow all terms and conditions accordingly.
2) Second option is as per oral agreement between you and builder that principle and agent. Then builder has to pay brokerage commission to you. As per Indian Contract Act.
if you and the builder are both registered on RERA then you can file a RERA complaint against the builder
there is no such rule as a family member facilitating a purchase for his family member, then no brokerage will be paid
its just an excuse to not cough up the brokerage money
If it is documented that you were entitled for the payment of brokerage, issue a legal notice to this builder calling upon him to immediately release the payment due to you.
Without a proper legal agreement between you both you cannot claim this as a right.
The builder may not oblige with the oral commitments.
Any legal action may not fetch you desired fruit.
Better ignore.
