A.
Dear Client,
In your case, both the owner's refusal to return the advance rent and the broker's demand for full brokerage despite cancellation raise legal and ethical concerns.
Generally if there was no written agreement or it didn’t specify that the advance rent is non-refundable, then the owner cannot legally forfeit the amount. Under Indian contract law, advance rent is typically refundable unless it is stated otherwise in the rental terms.Since the deal did not go through, demanding full brokerage is not valid.
However, if you had signed any document with the agent that clearly states non-refundable brokerage upon deal finalization (not execution), they might have some claim but only if such agreement exists in writing.
Now at this juncture what you can do
Ask the agent to show any contract or agreement supporting their claim. Refuse payment if no such agreement exists. If they harass or threaten you, file a police complaint under harassment or cheating under IPC Sections 415/420.
Take help from any advocate for legal steps.
Posted On 21-May-2025
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