Criminal breach of trust

archana shankar (Querist) 06 December 2024 This query is : Resolved
Dear All,

I am a Realtor and i deal in selling properties in Bangalore. Recently introduced a seller and buyer for a 5.25 Cr villa purchase property. Post my introduction , i shared the number of the seller with mutual trust to the purchasers and now behind my back they hav eturned hostile and without my knowledge they ave registered the property as well. Now both buyer and purchaser are not answering my calls. Seller is from uttar Pradesh and and Purchaser is from Bangalore itself.
I have a photos of the google meet introduction , security visits entry and CCTV footages of taking the purchaser and showing around. I also have whats up messages exchaged between us regarding this transaction. Do you think i can send a notice with these evidences.
Your responces and suggesstions will be highly valued. i have Physical withnesses in this deal transactions.

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A Bangalore-based realtor facilitated a property sale worth ₹5.25 crore but was later cut out of the deal by the buyer and seller. Despite having evidence like Google Meet recordings, site visit logs, CCTV footage, and WhatsApp messages, the realtor was advised that without a formal written agreement specifying commission terms, legal recourse against the buyer or seller for brokerage recovery might be difficult. While a legal notice could be attempted, the chances of success are considered slim due to the lack of a primary brokerage agreement.

T. Kalaiselvan, Advocate (Expert) 06 December 2024
In the absence of any agreement between you and the seller with conditions for commission and other terms, you cannot make any complaint against the buyer or seller with police or file a civil suit for recovery of commission.
This is a lesson to be more careful in future.

kavksatyanarayana (Expert) 06 December 2024
Did you tell them about your commission for the property deal negotiations?

archana shankar (Querist) 07 December 2024
Yes Sir , On whats up as he was not in Bangalore he is from uttar Pradesh .works as a COO for a health care company in Hyderabd. I also trusted because having such a big villa who will cheat. He was in touch with me only on whats up.

T. Kalaiselvan, Advocate (Expert) 07 December 2024
There was no agreement between you and he.
The whatsapp communication may not be with the terms conditions for brokerage.
The whatsapp messages are not admissible as primary evidence.
In the absence of your presence of mind while dealing with such important dealings, you cannot legally claim any relief.
The court or police may not entertain any complaint in this regard

P. Venu (Expert) 11 December 2024
Your claim for commission or brokerage may not be legally sustainable. Anyhow, you may take a chance by serving a legal Notice.

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