Clarification on breach of contract stating time not being essence


Sale Agreemnt was made on Rs100 Bondpaper NonJudical and executed on 15Feb2017 btwn Buyr1 and Us.and advance amt of 3laks were given to us and remaining was to be given within 60days and get the property registered. Buyr1 also added the clause that the time is NOT an essence of this contract. But, till 1 year Buyr1 did not buy our property as he was unwilling to buy and told us we can sell it someone else . After an Year , we have registered our property to another Buyer2 on March 9 2018. my questions are below 1)Since 60days time is elapsed, can we consider the agreement as cancelled (or time is not an essence clause will make any difference) 2)Can the Buyr1 file a case on us stating we sold our house to Buyr2 without his consent. 3)Can we send a notice now saying deal is cancelled since he didnot turn up till 1 year and we sold it and advance cannot be returned? Please let me know, what can be done in this situtation, do we need to return the money and compromise or not needed

Answers (1)


237 votes

Hi
1) Since 60 days time has elapsed, you are free to register the property to some other person.
2) But however you are liable to return the 3lakhs with bank of interest to the buyer as courts will not permit unjust enrichment.
3) Wait till the buyer 1 gets back to you. do not preempt or offer to return the money. If the buyer 1 is a fraud (we have many in hyderabad he will reach out to you in 1 or 2 month and demand extra money). If the buyer 1 is a genuine guy, he might not reach out to you as he might be ashamed that he could not keep up his part of contract.


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