5 issues face by the real estate agents during property dealings

consequences. The post is related to the problems faced by the property agents.

Most of the property transactions are related with legal issues. Mostly it is a common thought that the people either buyer or the seller used to face the legal consequences. However, in lot of instances it also has been seen that the agent faces the legal consequences from both the buyer and seller side. A realestate lawyer in Kolkata mentioned that there are statutory laws under which a buyer or a seller can file a legal suit against a broker. There can be several grounds based on which a legal suit can be framed against the agents. This post is related with 5 common issues that the brokers usually face on the different legal grounds.  

Misinterpretation: the most common charges against the brokers or the real estates agents faces. Apart from that, there are associated charges such as failure to disclose the issue, or to provide wrong information. Usually the misinterpretations happen when the agents in order to sale the properties say fictitiously about the structural materials or the designs about the property. Sometimes even misinterpretations happen related to the boundaries of the property. The common issues related with the disclosure are easement and renovation that with out consent of the authority.

According to the lawyers, misinterpretation can be classified into three different parts such as innocent, fraudulent and negligent. The negligence issue comes out when the agent misses to inform flaws of the property due to careless ignorance. However, if the agent deliberately hides some of the flaws of the property then it will be considered as fraudulent. In case the agents says something about the property, which will not harm the buyer or have a very less significance will be considered as ignorance.

Breach of Fiduciary duty: it usually happens in case when a third party on behalf of another person generally does the deal. Generally, nearly 10% charges against the property dealer are filed on this ground. Sometimes a single party is sold an item to two different buyers, which creates lot of issues related with it. However, in order deal with these sorts of issues the brokers and the agents must be told that what are exact work they have and what are the basic expectation of the buyers. The agencies, which are dealing in the property related issues must educate the agents regarding the state law in order to avoid the basic issues.

Misleading Advertising: Another common charge against the property agents is to give advertisement, which is misleading. It is generally considered as affinity programmes, which are associated with the advertisement related to signboards and internet advertisings. All the commercials must be fulfilling the laws that are prescribed by the state law or the national laws. There are certain codes and ethics are also there that must be followed while one is placing the advertisement over any media. Even these same issues are applicable in case of internet advertisings. It is important that all the advertisement must contains truth; any misinformation may lead to legal consequence.

Environmental Issues: There are often it has been seen that agents used to promises the buyers of using the items that are environment friendly. These items can include asbestos, or rainwater harvesting issues. Even if the against promises to use environment friendly paints but uses lead based paints can also be considered as misguiding. The buyers can file lawsuits against the broker based on these issues. In order to avoid such issues the brokers are advised to tell the truth such as the use of paint and the potential hazards that it may cause to the residents.

Illegal Advices: Another important issue that brokers must consider while selling a property is to give the right advice to the people. Generally, the buyers are mostly unaware of the legal consequences of property dealings. It is not only the duty but also lawful that the brokers must give the right advice. They must provoke the buyers to be indulged into some issues that are illegal and the client may face legal obligations later.  However, a broker must not give and neither they are entitled to give any legal advices to the clients. The legal advices can be only be given by the property related lawyers who are aware of all the tax and other legal issues of property transactions.

Here, in this post I have mentioned about the different legal issues that generally the real estate agents and broker usually faces. It is always advisable to agents to remain truthful to the clients and must not post any advertisement that may mislead the potential buyers. In any legal situation one must contact with the attorneys as soon as possible.

Protecting Your Consumer’s Right in India: An Open Economy

No body can decline the effect of the globalisation on the different sectors and different countries. The regional economies have also been influenced by the punch of the globalisation and especially the open economical situation. All the European and American industries are looking for the Asian market such as of China and India for the market as well as cheap labour. One of Lawyer for consumer court has pointed out that the quality of the product due to outsourcing has been compromised and the consumers are being harassed due to these. However, there are few laws present in India to ensure the rights of the consumer. The primary one is the Consumer protection Act 1986.

The Act ensures that the consumer must be aware of the issues related to the quality, effectiveness, amount, purity, value and the paradigm of the products or the services. The act ensures the right of the consumer against any kind of unfair trade practicing. Even if the organisation operates in a monopoly also still the rights of the consumers are protected through the consumer’s right. Thus, the law keep the manufactures to ensure the quality of the product before the government or the legal institutions get involved in this.  

Mostly the Consumer protection Act 1986, addresses the following issues:

v  To protect the right of the consumers from all kind of perilous good and services

v  To be informed about the performance of the goods or the service

v  To protect the right to choose freely

v  To be get heard by the seller during the process of decision making

v  To seek Redressal if the consumers’ right is infringed

v  To have the proper consumer Education

It is the right of the consumer to remain informed about the product or the services that he or she intends to buy. In addition to the Consumer protection Act 1986, Weights, Standards & Measures Act is also present which ensures that the customer must get the product of the right weight and standard that is mentioned by the seller. It is right of the customers that they can take the help of the lawyers in case they feel that they are being cheated. In addition, the consumer must be aware of the hazards that a product can cause to him or the family. At any condition, the consumer cannot be forced to buy a product or service as the law protects the right of choosing the product or the service freely.

It has been seen that the consumers are largely denied of the rights that are reserved for them especially in the open economies like India. Often the sellers exploit the buyers by taking unfair trade practices as most of the buyers are not sincerely aware of the rights as the consumer. Thus, it is important for the buyers also to know about the rights that they have in relation with the buying and selling. There are several countries where the degree of the fair practice of the consumer protection is regarded as one of the parameter of the country’s progress. Even if the company is not originated in India, still the consumer can file the case against the company under the Consumer protection Act 1986. Thus however, India is an open economy the laws are there to protect the rights of the general consumers.

The consumer protection law in India is a safeguard for the Indian citizens against any kind of false advertisements shown by the advertising authorities. If it has been found that the organisation has misled the people through the false information in their advertisement, legal consequences can be happen due to that also under consumer protection act. In order to defend the privileges of the consumers, Ministry of consumer Affairs of Government of India has built-in the department of Consumer affairs. The department redress the grievance of the people in three different layers depending on the purchase value.

The main problem is not related regarding the presence of law but about the implementation of the laws. Thus, it is needed that the government must look into that the laws are implemented successfully in order to protect the rights of the consumers. In case you are facing any problem regarding a product or service you must go to the consumer court to get the justice, as it is your right.

Be Aware Before Falling Into the Trap of Bad Debts

There are many companies used to give debts to people or some small institutions in order to start up business or for some other reasons. However, out of these all companies, there are several companies use to not pay the debts. These companies or people are usually known as the bad debtors. A debts recovery tribunallawyer mentioned that often the financial institutions have to face lot of issues in order to recover the money from the companies. However, these companies used to use different ways in order to recover the money from the debtors but remain unsuccessful and harassed. However, these are some ways to make the people get out of these bad debts.

First and foremost thing that company must do is that having an acknowledgement from the debtor.  It has some legal proceeding, which a financial institution must follow in order to secure the debts. A debtor must provide in written that what he will give as security against the loan that he is taking from the financial institution. In case the person is having any dispute with the institution, they may produce in court.

If the debtors failed to pay the money back, it is important that the institution must send the claim notice to the debtors. However, before, one would start the proceedings of the debt recovery it becomes important that the institution must send a proper notice in order to recover the commercial claims. It makes the debtors force to response the through pay the debts or by starting arrangements to pay the debts. However, if the value of the debt is much higher it is possible that the person will be made to enter into an agreement that will make sure that all the instalments will be paid instalments. This agreement will be signed under Form 1A Enforceable Payment Agreement under the Magistrate Court Rules. Through the sign of this agreement if the debtors will fail to pay the outstanding debt for consecutive two or more months, then the institution claim judgement by default. In such cases, the debtors cannot even ask for defending the case also.

In case, the debtor is not willing to come to an agreement suing the debtor and getting a judgement is the only option that is left with. The institution must give the get a judgement by default or through the consent by the debtor. However, one can wait for the conclusion of trial that is given by the Court. Once the institution will get the judgement in his favour, they can take the further step of enforcing the judgement. However, one can enforce the judgement at once he will get it or within next six years from the judgement.

If even after these judgements the debtors, I not ready to pay the debts, in such condition, the institution can issue a warrant against some of the properties. In case, the institution know that the person is having some huge property, it is possible that the institution can issue a warrant to sale those in order to recover the money from these. However, it can be a lengthy process and it may not overcome all the costs but still it is possible that with such decision the debtors will think about paying the rest of the debt.  

Finally, in order to avoid such issues one must think of the formulating certain strategies. Formulating strategies always helps the institution to take precautionary safeguards against any kind of bad debts. However, it is also possible that there must be certain debts, which are not a big amount and in such cases, one must leave those, as it is possible that one must have to face certain problems in relation to this. However, if it is include higher money, it is possible that the institution will file a case of bankruptcy against particular person. If the person will be declared bankrupt, in such case all the property of that person will go into the trust.

Therefore, these are some of the remedies that institution can apply in order to safe guard them from the bad debtors. However, if they found any sort of difficulty in order to recover the money they can take help of the solicitors who can guide them the way in which they can take the necessary legal steps.