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Level 06 · Lesson 5 of 9 · एजेंट बनना

Negotiation and commission in writing

Two skills decide whether a practice makes money: negotiating from evidence, and having written down what you are owed before you introduce anybody.

What you will be able to do

इस पाठ के बाद आप क्या कर सकेंगे

  1. Negotiate from evidence rather than from positions.
  2. Identify the levers other than price that close a gap.
  3. State every term a commission agreement should contain.
  4. Explain when commission becomes payable and why the trigger matters.
  5. Describe how to handle dual representation and disclosure of interest.

Negotiating from evidence

सबूत से मोल-भाव

Most land negotiation in a rural belt is positional: a seller names a number based on what a cousin got, a buyer names a lower one based on nothing, and they converge slowly or not at all. An agent who arrives with evidence changes the conversation entirely.

What evidence looks like, all of it from Level 4:

  • Comparables, normalised to usable area, with dates and the reason each is comparable.
  • The usable-area calculation for this parcel, so both sides are discussing the same thing.
  • The screening note — the defects, classified, with an estimate of what fixing each costs in time.
  • The DLC position, so the duty floor is not a surprise at registration.
  • The liquidity assessment — who else would buy this, and how long a sale would realistically take.

This does not make a seller accept less. It moves the discussion from whose number is right to what the evidence supports, which is a discussion that can actually conclude.

Levers other than price

भाव के अलावा और भी रास्ते

When a gap will not close on price, it frequently closes on something else. The levers worth knowing:

LeverWhen it works
TimingA seller needing speed will often trade price for certainty of a fast completion.
Payment structureStaged payments, or a larger token, can be worth more to a seller than headline price.
Who fixes the defectWhether the seller completes a mutation or discharge before completion, or the buyer takes it on at a reduced price.
Which portionSelling part rather than the whole, where the seller wants to retain something.
Duty and costsWho bears what, stated explicitly rather than assumed.
Possession dateA seller with a standing crop may value harvest time more than a small price difference.
ConditionsA conditional agreement with a longer window can let a seller hold out for their number while the buyer gets protection.

The commission agreement

कमीशन का लिखित समझौता

Level 5, Lesson 1 said the absence of this is the commonest reason an agent is not paid. Here is what it should contain. Have an advocate draft it once; use it every time.

  1. Parties. Who is engaging you, in what capacity.
  2. Scope. Which parcel or parcels, identified by khasra number, and what you are engaged to do.
  3. The fee. How it is calculated, on what base, and whether it is inclusive or exclusive of taxes.
  4. Who pays. Seller, buyer, or both — and if both, disclosed to both.
  5. The trigger. The event on which the fee becomes payable, and when it must be paid.
  6. Introduction protection. What is owed if the parties complete directly, or through another agent, with a buyer you introduced, within a stated period.
  7. Term. How long the engagement lasts and how it ends.
  8. Exclusivity, if any, and what you are committing to in return.
  9. Expenses. What is reimbursable, and whether it survives a failed transaction.
  10. Disclosure. Your interests, and confirmation that you are not providing legal or tax advice.
The trigger is the clause that matters most. Commission payable "on completion" and commission payable "on registration of the sale deed" are not the same, and neither is the same as payable "on execution of the agreement to sell". Deals stall between these points routinely. Decide which event you are being paid on, state it precisely, and understand that anything earlier is easier to collect and harder to negotiate.

Dual representation

दोनों पक्षों का प्रतिनिधित्व

Acting for both sides, or being paid by both sides, is common in this market and is not automatically improper. What makes it improper is doing it without both parties knowing.

The rule to adopt: every party knows who you act for and who pays you, in writing, before terms are discussed. A buyer who discovers at registration that you were also taking a fee from the seller will not use you again and will tell people. A buyer who was told at the outset and proceeded has no complaint.

Where the conflict is sharper than a fee — you have an ownership interest, a family connection to a party, or you are managing the parcel under a separate engagement — disclose it specifically. In some of those cases the right answer is to decline the engagement.

Handling money

पैसे का लेन-देन

  • Prefer not to hold token or deposit money at all. Direct payments between the parties, with receipts, avoid the whole problem.
  • Where you must hold it, it is client money — separate account, written acknowledgement, and applied exactly as agreed. Lesson 1.
  • Never advise on or facilitate under-declaration. Level 4, Lesson 1.
  • Insist on traceable payment for the consideration, and say plainly why.
  • Invoice your own fee properly, with the tax position handled by your accountant.

First ninety days

पहले नब्बे दिन

  1. Days 1–20. Have an advocate draft your commission agreement covering all ten terms.
  2. Days 21–40. Decide your standard trigger and be able to explain it in one sentence.
  3. Days 41–60. Build an evidence pack for one live parcel — comparables, usable area, screening note, DLC, liquidity.
  4. Days 61–75. Write your disclosure statement covering representation, payment and interests.
  5. Days 76–90. Use both documents on every engagement, without exception, including with people you know well.
Risk and income note. This lesson describes how a practice is set up and run. It is education, not legal, tax, business or investment advice, and no income is promised. Nothing here is investment advice, no return is guaranteed and no outcome is guaranteed. Registration, tax and compliance requirements are set by statute and by state rules, change over time, and must be confirmed with the relevant authority, a licensed advocate and a chartered accountant before you act.

Key terms

मुख्य शब्द

Positional negotiation · अड़ियल मोल-भाव
Negotiating from asserted numbers rather than evidence; slow to converge and often inconclusive.
Evidence pack · सबूत का सेट
Comparables, usable area, screening note, DLC position and liquidity assessment, assembled before negotiating.
Trigger · देय होने की घटना
The event on which commission becomes payable; the single most consequential clause in the agreement.
Introduction protection · परिचय संरक्षण
The clause providing for payment if the parties complete directly or through another agent with a buyer you introduced.
Dual representation · दोहरा प्रतिनिधित्व
Acting or being paid by both sides; not automatically improper, but improper without disclosure to both.

Check yourself

आठ सवाल · 6 या ज़्यादा सही = पास

Q1What does arriving with evidence change in a negotiation?

Why: It does not make a seller accept less. It makes a conclusion possible, which positional negotiation between two asserted numbers frequently does not.

Q2Which lever often closes a gap when price will not?

Why: Payment structure, who fixes a defect, which portion is sold, allocation of duty and costs, possession date and conditional windows are the others.

Q3Which clause in a commission agreement matters most?

Why: Payable on completion, on registration, and on execution of the agreement to sell are three different things, and deals stall between those points routinely.

Q4What does introduction protection cover?

Why: Bypass is the classic non-payment scenario from Level 5, Lesson 1. This is the clause that addresses it, and it only works if it exists before the introduction.

Q5When does acting for both sides become improper?

Why: Every party should know who you act for and who pays you, in writing, before terms are discussed. A party told at the outset who proceeded has no complaint.

Q6You have an ownership interest in a parcel you are also brokering. What follows?

Why: A conflict sharper than a fee — ownership, family connection, or a separate management engagement on the same parcel — requires specific disclosure and sometimes refusal.

Q7What is the best position on holding token or deposit money?

Why: Where you must hold it, it is client money: separate account, written acknowledgement, applied exactly as agreed. Not holding it is simpler and safer.

Q8Why insist on traceable payment of the consideration?

Why: Level 4, Lesson 1 covered the exposure — valuation reference, deficit duty with penalty, a lower recorded cost base, and a documented price contradicting reality at resale.

What you can do tomorrow

कल से क्या करें

  • Have an advocate draft your commission agreement covering all ten terms in this lesson.
  • Decide your standard trigger and write the one-sentence explanation you will give clients.
  • Assemble a full evidence pack for one live parcel before your next negotiation.
  • Write your disclosure statement and use it on every engagement, including with people you know well.

Progress is saved in this browser only. Scoring 6 or more on the quiz marks the lesson complete automatically.

Apply this to a real parcel

AgriZameen lists agricultural land in the Phulera – Sambhar – Naraina – Rupangarh corridor, with the documents we have seen on each parcel. Reading a lesson is preparation; a record in your hand is the work.

We are an independent private platform, not a government body, and we do not provide legal, tax or investment advice. Verify every record on official gov.in / nic.in portals and at your Tehsil or Patwari office, and take advice from a licensed advocate before any transaction. No return or outcome is guaranteed.

Before you rely on anything here

Curriculum verified July 2026 · Rajasthan