Recover paid brokerage from property agent

Originally posted by : Mahesh
	I have paid full brokerage to my Property Agent, but seller has not vacated flat yet, has not paid gas and electicity bills. its almost 6 months,, i am planning to file suit for eviction. But can i recover my brokerage from Property Agent. Agent was not ready to handover society transfer papers without brokerage so i have paid him brokerage. I will appreciate any help on this.

@ Mahwsh,

In order to buy a property it is the consideration relevant to transaction but not brokerage. 

If sale transaction is comolete (payment of consideration and execution / registeration of sale document) the vendor has not handed over possession you should file a suit for possession, perpetual injunction, damages and mesne profits against him (Vendor) but not broker.

It is advisable to consult a local prudent lawyer for better appreciation of documents / facts (which are vague in your post), analyses, professional guidance and necessary proceeding.

If you have such evidence and agreement in between broker and you on brokerage paid, you can proceed through the consumer forum.  But introspect as to the role of a broker while it is your responsibility to get vacant possession.  Broker's role is complete by showing a seller to the purchaser and for a purchaser a seller, and the property.   Further negotiations he can only participate without any responsibility.   Let the buyer beware works even in case of such real estate .transactions..  There must be something which you are not disclosing as paying entire consideration without full possession is not known.  There should have been compromises somewhere either in price or in title .

It is seen that you are multiple postings on one and the same issue with disjointed and selected facts. Please note that it is impossible to make meaningful suggestion when you play hide and seek with the facts.

Hello,

You have every right to get the possession of the property as per agreement and after full payment of consideration amount. You may approach civil court and file suit for possession, damages and mesne profits. You can also file police complaint against seller and broker.

You can not recover brokerage paid to the middleman for his services.

The agent has all rights to claim agreed amount as charges for facilitating sale/ purchase transaction.