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IT happens quite often that
more than one agent is involved
in a transaction and the
division of commission earned
very often becomes a bone of
contention. The Managing
Committee after much
deliberation has decided upon
the following principles for the
division of commission and it is
hoped that Members will abide by
the same.
TWO AGENTS IN A TRANSACTION
(1) If there are two agents
involved in a transaction, each
one shall collect from his/her
own party the commission as
agreed between the agent and his
own party unless it is clearly
agreed between the two agents at
the outset that the total
commission earned on the
transaction shall be divided in
equal or in specified shares
between them.
MORE THAN TWO AGENTS IN A
TRANSACTION
(2) (i) When three agents are
involved i.e. one acts for the
seller and one acts for the
buyer and the third completes
the transaction by way of
negotiations, paperwork, etc.
then the total commission earned
shall be divided in three equal
parts or as mutually agreed.
(ii) When one agent merely
introduces the agent of the
buyer to the agent of the seller
to negotiate a transaction then
he is entitled to only 20% of
the total commission earned. If
there are more than one agent
who are in this middle position
they will share this 20% or as
mutually agreed beforehand.
(3) If an agent introduces a
client to another agent and if
the said client advertises his
requirement before the actual
negotiations commence, then the
value of the introduction shall
deem to be nullified. Also, if
the said client subsequently
responds to the advertisement of
the agent introduced, no claim
can be made by the agent who had
introduced the client.
(4) The value of the information
whether gathered from papers or
other sources is placed at a
fixed amount of Rs. 1,000/- in
the city transactions and Rs.
100/- in suburban transactions
after the completion of the deal
and receipt of the commission.
(5) When a Member as a sole
selling agent of a project is
receiving 1% commission from the
builder, he will be entitled to
1% commission out of 2% earned
by the agent who may bring him a
purchaser, the latter will
however be entitled to 1/3rd of
the total commission of the sole
selling agent, when he is
guaranteed 2% commission by the
builder.
(6) In cases where an agent has
handled a transaction but has
failed completely for certain
reasons he will be entitled to
1/3rd of the commission earned
by the agent, who subsequently
completes the transaction
successfully in respect of the
same premises or as mutually
agreed.
(7) If two members discuss a
proposal in the office of the
third member and it leads to a
successful transaction, then 20%
of the commission earned must be
paid to the member in whose
office the business was mooted.
(8) If one member brings in a
client for a specific proposal
and subsequently another brings
in the same client for another
proposal, and a transaction
materialises, then the first
member will not be entitled to
any share in the commission.
(9) The validity of any client
or broker referred by one broker
to another will be for six
months.
Notes :
The above NINE rules are in the
nature of guidelines for fair
dealings amongst Members who are
otherwise entitled to settle
their own arrangement for
sharing the commission before
the commencement of negotiation
of a transaction.
In all other cases not covered
by the above 09 rules and in the
event of any dispute amongst
members regarding the sharing of
commission the Managing
Committee of the Association
should be requested to adjudge
the issues and their award
should be accepted in good
grace. |