Real estate commission - no written agreement

Even without a written agreement, the other broker may still have a claim under contract law principles, particularly:

Implied Contract: Courts sometimes recognize implied contracts based on conduct, communication, and mutual understanding.

Her WhatsApp messages, Google Meet links, and coordination efforts could be used to argue that there was an implied agreement.

Quantum Meruit: This legal doctrine allows a person to recover reasonable payment for services rendered when no formal contract exists.

If she can prove she facilitated the deal and was cut out unfairly, she may be entitled to compensation.

However, her case is weakened by: Lack of a written agreement with either you or the buyer. The buyer directly negotiated and registered the property with the seller, bypassing both brokers.

 Legal Risks for You You’re in a delicate position: You were not directly involved in the sale. You received a 1% commission from the buyer, which the other broker claims was rightfully hers.

If the matter escalates in court, you may be asked to justify why you accepted the commission despite limited involvement. However, since the buyer paid you voluntarily and you had a long-standing relationship, that may work in your favor.

 How to Protect Your Rights Here’s what you should consider doing: Respond to the Legal Notice: Silence can be interpreted as negligence. Engage a lawyer and respond formally to both the legal and mediation notices.

Document Everything: Preserve all communications showing your limited role and the buyer’s decision to pay you directly. Mediation Strategy: In mediation, emphasize: Your limited involvement. The buyer’s direct dealings with the seller. The absence of a formal agreement between the other broker and the buyer. 

 Practical Advice Going Forward Always use written agreements—even simple MoUs or emails—to clarify roles and commissions. Avoid accepting payments in ambiguous situations without clear documentation. Consider proposing a partial settlement to the other broker if you want to preserve professional relationships and avoid litigation.

Being a commercial story it is better to seek professional services of a local prudent lawyer for proper analyses of facts/documents and necessary advise/ proceeding.

Take help of local lawyer for proper legal guidance. 

Thankyou sir , 

for your time and valuable reply. 

Thanks

A real estate broker can potentially be entitled to a commission even without a written agreement, under an implied contract. This typically occurs when the actions of the broker and the seller (or buyer) indicate a mutual understanding that the broker is providing services for a commission, even if not explicitly stated in writing. An implied contract is a legally binding agreement created by the conduct of the parties involved, rather than by explicit written or verbal agreement. 

For a court to find an implied contract for a commission, the broker typically needs to demonstrate:

• They provided services related to the sale or purchase of the property.
• The seller (or buyer) knew the broker expected a commission for their services.
• The seller (or buyer) accepted the broker's services and benefited from them. 

It can be more difficult to prove an implied contract than a written one. The broker needs to show clear evidence of the other party's understanding and acceptance of their role in earning a commission. 

Thankyou sir.

Yes she has enough proof to prove that. Whats up messages and screen shots of introduction meeting. 

The broker can take action on the basis of substantial and legally maintainable evidences against the buyer by first issuing a legal demand notice and pursue the same through court of law including a criminal complaint with the local police for the acts of cheating and breach of trust.

Repeated story at https://www.lawyersclubindia.com/experts/criminal-breach-of-trust--763901.asp

Thank-you sir

For your prompt reply. 

It seems like a tricky situation since without a written agreement it becomes hard to claim commission. However, if you can show proof of your involvement or communication, you may still have a case. Better to consult a legal expert for proper guidance. By the way, I also came across Fc mobile mod apk mod menu being discussed in other forums.

In real estate transactions, the enforceability of commission claims depends primarily on evidence of engagement and services rendered. While a written agreement between broker and client is ideal, Indian courts have, in many cases, recognized oral agreements or even implied arrangements supported by documentary proof such as WhatsApp messages, emails, meeting links, and other records. In your situation, the other broker can argue that she effectively acted as the procuring cause of the transaction — she introduced the seller, facilitated communications, and produced evidence showing her involvement. This can strengthen her claim to commission despite the absence of a formal written contract.

However, the purchaser directly negotiated with the seller, and the seller is ordinarily liable for broker’s commission unless expressly agreed otherwise. Since your client has already paid you 1% commission, the other broker will face the challenge of proving (i) that she was engaged by the purchaser and not just by you, and (ii) that her commission was contractually due from the purchaser or seller. The absence of a written agency agreement weakens her case, but not fatally if circumstantial evidence is strong.

Given that a legal notice and mediation notice have been served, non-response could prejudice your position. You may contest her claim on the grounds that there was no direct contractual obligation between her and your client, and that her remedy, if any, lies against the seller. You can also highlight that you acted only as an introducer and that payment to you was a goodwill settlement, not an acknowledgment of liability on behalf of your client.

Ultimately, while she may have equitable grounds to feel aggrieved, her ability to enforce commission in court without a written contract will be limited to the extent she can prove privity and reliance. At best, the court or mediator may attempt a compromise, but unless she shows clear contractual terms fixing liability on the purchaser, her legal standing is weak.

To know further connect with me at adv.vishesh@icloud.com

Thankyou Vishesh. Ill connect with you soon on this.