Brokerage Lawyers near Kedurus

Resolve broker fees, authority, or transaction problems in Kedurus

In Kedurus, brokerage-related legal work commonly concerns property agents, commission agreements, and disputes over residential or commercial transactions. Kedurus is part of Surabaya, so citywide and national rules apply; it does not have a separate local brokerage regime.

The right legal route depends on what the intermediary handled. Property-agent disputes may involve a written agency or service agreement and the underlying land transaction, while securities transactions fall under national capital-market regulation.

A lawyer can review the broker’s authority, commission terms, messages, receipts, and transaction documents. For a land sale, the lawyer may also coordinate with the notary or land deed official (PPAT) handling the transfer.

When legal advice can help with a broker dispute

• A property agent claims a commission after introducing a buyer, but the agreement does not clearly say when the fee becomes payable.
• A seller or buyer in Kedurus discovers that an agent advertised a property without the owner’s permission or misstated its price, condition, or availability.
• A deposit or other payment was handed to an intermediary, and the parties disagree about who must return it or account for it.
• More than one agent claims to have introduced the same buyer, creating a dispute about the commission or the transaction record.
• A property transaction is delayed because ownership documents, authority to sell, or land details do not match the agent’s representations.
• A resident has a complaint about a securities intermediary, such as disputed instructions or account activity; this requires a different route from a property-agent dispute.

Indonesian laws that may apply

The Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) contains mandate rules, including Article 1792 onward. Those rules may help determine the scope of an intermediary’s authority and the parties’ obligations under an agreement.

The Indonesian Commercial Code (Kitab Undang-Undang Hukum Dagang) includes provisions on commercial brokers, known as makelar, beginning at Article 62. Whether those provisions govern a particular modern property-agent arrangement depends on the facts and the applicable rules.

For securities transactions, Law No. 8 of 1995 on the Capital Market applies, as amended by Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector. The 2023 law took effect on 12 January 2023; securities-intermediary matters are distinct from property brokerage.

Frequently asked questions

What does a lawyer handle in a property-agent dispute?

A lawyer can assess the agreement, the agent’s authority, the commission claim, and any loss caused by inaccurate statements or mishandled payments. They can also advise whether negotiation, a formal demand, or court action is appropriate.

Do I need a written agreement with a property agent?

A written agreement helps establish the agent’s authority, services, commission, and payment conditions. Keep signed documents and written messages, since disputes often turn on what the parties agreed.

How are property-agent commissions determined?

The agreement and the rules applicable to the agent’s business can affect the commission. Do not assume a particular percentage applies; ask a lawyer to check the contract and the circumstances of the transaction.

Can an agent demand a commission if the sale did not complete?

That depends on the contract and the event that triggers payment. A lawyer can check whether the fee is due on an introduction, a signed agreement, completion, or another stated milestone.

What should I do if an agent kept my deposit?

Preserve the receipt, transfer record, messages, and any written terms explaining who should hold the money. A lawyer can send a demand and assess the available civil remedies if repayment is refused.

Where can I complain about a securities broker?

Start with the securities firm’s official complaint process and keep its response and your account records. The Financial Services Authority (OJK) handles financial-sector oversight and consumer complaint channels; a lawyer can help distinguish a regulatory complaint from a civil claim.

Can an unlicensed or unauthorised agent bind a property owner?

Authority depends on the evidence and the applicable rules, not simply on an agent’s claim to represent the owner. Check for written authorisation and have a lawyer review any document signed on the owner’s behalf.

How much does a brokerage lawyer cost in Kedurus?

There is no single fixed fee for private legal advice. Ask for a written fee proposal that identifies the work covered, possible additional costs, and whether court or other official charges are excluded.

How long does a broker dispute take to resolve?

A negotiated resolution may take days or weeks if both sides respond promptly, but complex disputes can take longer. Court proceedings generally take longer and depend on the evidence, procedural steps, and court schedule.

Can the parties settle without going to court?

Yes. They can negotiate directly or use a mediator, provided any settlement is lawful and clearly records payment, deadlines, and release terms. Civil cases filed in court generally proceed through court-connected mediation under Supreme Court Regulation No. 1 of 2016, subject to its rules and exceptions.

Should I hire a property lawyer or a securities lawyer?

Choose counsel whose work matches the transaction. A property dispute may involve agency documents and land-transfer records, while a securities matter requires familiarity with capital-market regulation and financial-sector complaint procedures.

Official resources for Kedurus and Surabaya

• Financial Services Authority (OJK): Oversees regulated financial services, including securities intermediaries, and provides financial-sector consumer complaint channels.
• Surabaya City Trade Office (Dinas Perdagangan Kota Surabaya): Provides city-level trade administration and information relevant to business and trade matters.
• Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN): The relevant Surabaya land office handles land administration and records; confirm which office has jurisdiction over the property.

Steps to find and hire the right lawyer

1. Identify the transaction type. Write down whether the matter concerns property, securities, or another intermediary service; this can be done before your first consultation.
2. Collect key records. Gather agreements, receipts, bank transfers, advertisements, messages, identity details, and property or account documents over the next one or two days.
3. Make a short chronology. Record dates, promises, payments, and the point when the disagreement began; prepare it before contacting lawyers.
4. Contact two or three lawyers. Within several days, ask about their experience with the same type of transaction, their proposed first steps, and any conflicts of interest.
5. Compare written fee proposals. Before appointing counsel, confirm what the fee covers, how extra work is charged, and whether official or court costs are separate.
6. Agree on a written scope of work. Confirm who will contact the other party, what documents will be reviewed, and whether negotiation, a complaint, or litigation is being considered.