Broker haressment for brokerage

Tarun Shah (Querist) 08 September 2014 This query is : Resolved
Dear All
I hv bought property & as per MOU Buyer has to handover Possession to me on 31.07.2014 but actual hand over takes place on 25.08.2014 at the time of deal broker has hide material fact that buyer hs taken various types of loans ag.st property now after finalising deal now broker demand 1% as brokerage ag,st which i hv paid them Rs.35K which they hv returned to us & demand 1% & giving me threat that they will stop my transfer in the society and make my life miserable & they are sending SMS to me for demand of 1% as brokerage,Pl.let me know what action i will take ? i can file a police complaint under which section ..... Pl.help as i hv got sleepless night due to this tension

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ajay sethi (Expert) 08 September 2014
you have to pay brokerage at agreed rate .if seller had hidden material information you had option to cancel the deal . you have proceeded with deal taken possession of property .

Kumar Doab (Expert) 08 September 2014
Agreed with Mr. Sethi.

Pls remember 'Buyer Beware'.

Hence obtain proper legal opinion upon title of the property.

dr g balakrishnan (Expert) 08 September 2014
Brokers are no property advocates, they are brokers by very name, like agents. if they threaten lodge a police complaint by an FIR, Police may not oblige you as brokers are police good friends. so file private complaint before judicial magistrates. there too court bench clerks play havoc. see the magistrate by seeing an appointment. or else get hold of an advocate in that court to file your police complaint. yea you can even lodge a complaint with police commissioner or director general of police, then action would move on. but ensure to file criminal cases else brokers make your life miserable!

dr g balakrishnan (Expert) 08 September 2014
before buying any landed property approach property lawyers for first and second opinion, may be you pay some fees that is worth it compared to half baked knowledge you or your broker has on properties, after all awning of is normal, in sale and purchase of properties of late!