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Brokerage refers to the business or service of bringing together buyers and sellers for a commission, commonly in real estate, finance, commodities, and stock trading. In Guwahati, as in the rest of India, brokerage activities are regulated to ensure fairness, transparency, and legal compliance on behalf of all parties involved. Brokerage law covers registration of brokers, contract terms, commission structures, dispute resolution, and consumer protections. Different types of brokerage—such as real estate brokerage, stockbroker services, and insurance brokering—may each fall under specific legal norms or regulatory bodies.
A lawyer specializing in brokerage can assist you in a variety of situations. You may need legal help if you are:
In Guwahati, brokerage activities are primarily governed by a combination of national and state laws, along with local bylaws. Key legislation and regulations include:
It is essential to ensure contracts are clear, brokers are properly registered, and all transactions adhere to current legal frameworks.
A broker is an individual or firm licensed to act as an intermediary between two or more parties, typically facilitating business or property transactions for a commission or fee.
Yes, under the Real Estate (Regulation and Development) Act, all real estate brokers in Assam, including Guwahati, must be registered with the RERA authority to operate legally.
Commission rates are not fixed by the government but are typically agreed upon by the parties involved. In real estate, standard rates can vary, but RERA guidelines suggest maintaining transparency in agreements.
A brokerage agreement should specify the services provided, commission payable, payment terms, broker credentials, duration of the agreement, and dispute resolution mechanisms.
Check if the broker is registered with the appropriate authority (RERA for real estate, SEBI for stock brokers). Ask for certification, license numbers, and verify through official portals or local offices.
You can send a legal notice, file a complaint with regulatory bodies (RERA, SEBI, or Consumer Forum), or approach local courts depending on the dispute.
Yes, commissions earned by brokers are subject to Goods and Services Tax (GST) and relevant income tax provisions.
Disputes are typically resolved as per the terms of the written agreement. If no agreement exists or the issue persists, parties can seek legal recourse via courts or regulatory authorities.
Yes, but transparency is required. Both parties must be informed, and conflict of interest must be avoided or disclosed in writing.
Yes, depending on the type of brokerage (real estate, finance, insurance), specific registrations or licenses (such as RERA or SEBI) are required. State-level business licenses and GST registration may also apply.
For more information or to address specific concerns, you can consult or approach the following:
If you need legal assistance with a brokerage issue in Guwahati, start by gathering all relevant documents and evidence, including agreements, payment receipts, and correspondence with the broker. Identify the type of brokerage transaction and consult a lawyer specialized in that area. You may also contact regulatory authorities to check your broker’s credentials or register complaints. For complex or high-value matters, legal consultation is highly recommended to safeguard your interests and ensure compliance with local laws.
To proceed:
Prompt professional guidance can help you avoid disputes, minimize risks, and ensure a smooth brokerage experience in Guwahati, India.
