Real estate agents play a major role in helping buyers, sellers, and tenants find the right property. But when issues like false promises, hidden charges, delayed paperwork, or misrepresentation arise, it becomes important to know how to file a complaint against a real estate agent. If you understand the proper complaint process, you will be able to protect your rights and avoid future disputes. In this piece of writing, you will get guidance on filing complaints and more.
Reasons to File a Complaint Against a Real Estate Agent
Most real estate agents work professionally, but there are times when some agents mislead, cheat, or provide poor service that can cause financial loss or emotional stress. If you have faced such issues, you have every right to file a complaint and seek justice. Here are some of the most common reasons why people file complaints against real estate agents:
- Misrepresentation and False Promises: Some agents exaggerate property details or give false assurances about location, size, legal status, or amenities. This can lead to buyer dissatisfaction, financial loss, or legal complications later. As per the Consumer Protection Act, 2019, such misleading practices are grounds for a formal complaint.
- Non-Disclosure of Legal Issues: An agent is expected to inform buyers about any legal disputes, property encumbrances, or approvals. If the agent hides crucial information and the buyer later faces legal trouble, the agent can be held responsible.
- Charging Excessive or Hidden Fees: Many consumers complain about agents charging unfair commission fees or adding hidden charges that were never disclosed upfront. This is unethical and actionable.
- Delayed Possession or Project Fraud: In the case of property purchases, some agents misguide buyers into investing in non-existent or delayed projects without proper verification. This often leads to huge financial losses.
- Poor After-Sales Service: Once the deal is closed, some agents become unreachable or unhelpful in resolving post-sale issues such as paperwork, registration delays, or builder coordination.
Eligibility Criteria to File a Complaint Against a Real Estate Agent
Facing issues with a real estate agent can be stressful, but as a consumer, you have the legal right to seek justice. The following details include who is eligible to file a complaint and under what conditions:
Any Homebuyer, Tenant, Seller, or Landlord
If you have bought, sold, rented, or leased a property through a real estate agent and have faced fraud, misrepresentation, overcharging, false promises, or poor service, you are eligible to file a complaint. Both individuals and businesses (like builders) can take action if they feel wronged. For instance, if your agent promised certain property features or possession timelines that were never met, you can file a complaint.
Legal Heirs or Authorised Representatives
In cases where the original buyer, seller, or tenant is unable to file the complaint due to illness, absence, or even death, their family members, legal heirs, or authorised representatives can step in and file the complaint on their behalf. This ensures that no consumer is denied justice due to unforeseen circumstances.
Must Involve Service Deficiency, Misconduct, or Unfair Practices
Your complaint should be based on genuine grievances such as:
- Misleading information about the property
- Non-disclosure of legal or financial issues
- Delays in possession or payment disputes
- Overcharging or hidden fees
- Unethical or unprofessional behaviour
Proper Documentation is Required
To make your complaint strong and valid, you must have supporting documents such as:
- Sale or rental agreements
- Payment receipts or transaction proofs
- Email or message records with the agent
- Photographs or videos (if relevant)
These documents help establish your case clearly and increase the chances of a fair resolution.
How to File a Complaint Against a Real Estate Agent?
There are times when real estate agents act unprofessionally, mislead clients, or provide poor service, causing financial loss or stress. If you have faced such issues, you have every right to raise your voice and file a complaint for fair resolution. The details below include the process to file a complaint against a real estate agent:
Step 1: Gather All Necessary Evidence
Before filing your complaint, it is crucial to collect all relevant documents and proof that support your case. A well-prepared complaint backed by solid evidence greatly improves your chances of a quick and fair solution.
Make sure you have:
- Property sale/purchase agreement or rental contract
- Payment receipts or transaction details
- Email or WhatsApp exchanges, call logs, or written communication
- Screenshots of misleading advertisements or false promises
- Any previous complaint references or written grievances
Keeping both digital and printed copies of this information demonstrates that you have made sincere efforts to resolve the matter before escalating it legally.
Step 2: File Your Complaint on the Agent's Grievance Portal
Many reputed real estate agencies and brokers are required to maintain an internal grievance redressal system as per the Consumer Protection Act, 2019 and RERA (Real Estate Regulatory Authority) guidelines.
To file your complaint, visit the agency's official website or grievance section.
Submit your complaint by including:
- Your name, contact details, and email
- Complete details of the property transaction
- A clear description of the issue (false promise, overcharging, delay, etc.)
- Upload all supporting documents and screenshots
- Always ask for a complaint reference number to track your case. Most companies are required to respond within 15 to 30 working days.
Step 3: Follow Up Regularly Until Resolution
Once you file the complaint:
- Use the reference number to check the status online or via customer care.
- Send polite but firm follow-up emails if you don’t receive timely updates.
- Keep a record of all communications for future reference.
- Consistent and respectful follow-ups help in faster resolution and show that you are serious about your grievance.
If the grievance support fails to resolve the issue, you can escalate the complaint to the National Consumer Helpline (NCH). For property project-related complaints, you can approach RERA. Alternatively, you can use Online Dispute Resolution (ODR) for fast, cost-effective help without going to court.
What is Online Dispute Resolution?
Online Dispute Resolution is an entirely digital system for resolving disputes, utilising technology-driven platforms to facilitate every stage from the initial filing and evidence submission to virtual hearings, negotiations, and final decisions. It incorporates traditional dispute resolution methods such as negotiation, mediation, and arbitration, all conducted online via tools like video conferencing, chat, and secure document sharing. This comprehensive online workflow enables parties to engage in dispute resolution without needing to meet in person, making the process more convenient and accessible while maintaining the structured framework of Alternative Dispute Resolution methods.
Why Choose Online Dispute Resolution?
Consumers prefer ODR for several reasons:
- Cost-effective & Time-efficient
Online Dispute Resolution (ODR) significantly cuts down on expenses related to travel, legal representation, and court fees. Since the entire process takes place digitally, parties can save both time and money that would otherwise be spent attending physical hearings or waiting through lengthy legal procedures. Most disputes are resolved in a matter of days or weeks instead of the months—or even years—it often takes in traditional courts.
ODR platforms are designed to be user-friendly and available around the clock, allowing participants to engage in the process from anywhere in the world. This makes it especially beneficial for cross-border or interstate disputes where physical presence can be challenging. Whether you’re a consumer or a business, you can submit evidence, communicate with the other party, and attend virtual hearings—all from the comfort of your home or office.
Unlike traditional court proceedings that are often public, ODR ensures a higher degree of confidentiality. Sensitive documents, communications, and decisions are securely handled through encrypted digital platforms. This protects the privacy of both parties and provides a safe, confidential environment for resolving disputes without public exposure.
How to File a Complaint through ODR?
Filing a complaint through Online Dispute Resolution (ODR) is simple and follows a structured process. Here’s a step-by-step guide:
Step 1: Collect All Relevant Evidence
Before initiating your complaint, gather all documents and proofs that support your claim. These may include:
- Receipts or invoices
- Emails, chat transcripts, or messages with the company
- Photographs of defective products or damages
- Payment proofs or bank statements
Having organized and clear evidence strengthens your case and speeds up the resolution process.
Step 2: Submit Your Dispute Through an ODR Platform
You can file your complaint either through an official Government ODR Portal or a private ODR platform, such as Online Legal India. Provide all necessary details, attach supporting documents, and describe your issue clearly. The platform will appoint a neutral mediator. The mediator will send the mediation notice to the other party.
Step 3: Participate in Mediation Proceedings
During the mediation, the mediator facilitates discussions between you and the other party via email, chat, or video call. Both parties present their viewpoints and approach for a resolution.
After the mediation process, the mediator will provide a mediation report summarizing the discussions and recommendations. Based on this report, a settlement is determined. Possible outcomes may include:
- Refund of charges
- Compensation for damages
- Official apologies or service corrections
- Settlement of Disputes
Step 4: Arbitration
If there is any existing arbitration clause in the contract regarding a real estate agent, then the case will be handled through an arbitrator. During the arbitration process, a neutral arbitrator (or a panel of arbitrators) reviews all the information regarding the dispute. Then, they may conduct online hearings or written submissions and hears both sides. Once an arbitrator reviews all the information regarding the disputes and makes a binding decision, which is known as an arbitral award. This award is officially regulated under the Arbitration and Conciliation Act, 1996. Both parties must agree and follow the final decision. If any party refuses to follow the arbitral award, the other party can approach the appropriate court. The court can then enforce the decision under the Arbitration and Conciliation Act, 1996.
Conclusion
A real estate agent plays a major role in guiding your property decisions, but issues can arise when professionalism is missing. By knowing the proper steps, you can act confidently against fraud, hidden charges, or misleading commitments. It will also help you to protect your consumer rights. Timely action ensures fair resolution and promotes greater transparency in the real estate market, which gives you a safer property experience. If you need any assistance regarding filing a complaint through ODR, get in touch with Online Legal India.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Online Legal India is a digital platform. If you require legal assistance, we strongly recommend consulting a qualified lawyer or law firm.
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