We are having a disagreement with a broker for levying service charges of Rs 50,000 for a deal that didn't go through. I have explained in detail about this situation on a real estate forum and if you simply google "broker harassment kolkata", the very first search result will link you to the article.
Here is a break down of what was agreed with the broker (there was no exchange of any legal documents except photocopies of property documents)
1. Sale of house 1 and house 2.
2. Priority should be given to house 2 as we still reside in house 1
3. House 1 will not be sold/shown to buyers till house 2 is taken care off.
4. No brokerage commission was discussed in writing or verbally (assuming that brokerage commission will be 2% if house 2 was sold for less than 1 cr and 1% if it was sold for more than 1 cr as per brokerage norms)
5. Broker finds buyers for house 1 and not for house 2
6. We rephrase what was agreed with the broker initially and do not entertain the deal.
7. Broker finds buyer for both house 1 and 2 but in the interim we get a better deal for both house 1 and 2
8. We refuse to deal with the broker and dispute arises.
9. Broker demands a service charge of Rs 1,00,000 citing that 4 other members worked along side the broker and each one should get Rs 5000 each = Rs 20,000 for 5 months i.e. - Rs 1,00,000.
10. We boldly dishonor the service charge/advance brokerage as no deal took place. He now demands Rs 50,000.
11. Broker eventually resorts to sham tactics of harassment by calling at odd hours, threatening with dire consequences with goons, party office and police station.
The last bit:
1. What resort do I have to deal with this matter as there is no legal agreement between us and the broker?
2. We asked the broker to mention the breakdown of service charge, along with name/address/phone/license# of all the broker involved plus details of clients who were interested in our properties and their quote price on a notarized affidavit letter to which the broker refused.
3. For now I have put the broker's contact number on reject list till I can get some legal advice on this matter.
What precautions can I take? Should I stick to the notarized affidavit letter stand? or should I lodge a FIR for threats and harassment?