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Breach of trust by property buyer and he sold my propery to did. Prsn
27-Jun-2023 (In Property Law)
Hi experts,nI entered into an agreement of sale for my property with a person. He paid me some amount as earnest money and made an entry on the agreement for the same. He asked for 4 Months' time for full payment/registry and we agreed. After time collapsed on the sale agreement he started harassing me and breach the agreement. nnA) He never paid the entire earnest money ( I dont have this amount written in agreement but I have whatsapp chats with the person regarding the same ) nnB) Recently, I recieved some unknown RTGS in my account after 2 months of the expiration of sale agreement. This person is calling me and saying that the person with whom I entered into the agreement sold this property to him and now he will go ahead with the deal. nC) I noticed in my agreement that there is a clause saying that "buyer can get transferred this property to anyone or his name and make any profit out of it" nI don't want to deal with these fraudsters because it's been more than 7 months
First of all before signing any document you should study it thoroughly just because it will take your little time we avoid reading it and on verge of the dealing person we sign it later on we regret over it! So its better to give the little time on reading the document instead of giving the time on regretting it! Its just an advice for you... you are not bound to follow it. Further, the legal advice for your current situation is to give a legal notice and also do complaint to nearest PS for fraud and breach of contract agsinst a person with whom you are in agreement and also the third person who is calling you saying that he has purchased the property further after giving them notice you can file the criminal as well as civil case against against them for breach of contract
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Adv. Meenu Ojha Sharma
Delhi | 25+ Answers
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We have carefully perused the contents of your legal issue and would advise you to get a legal notice issued to the first person with whom you had executed the agreement to sell. Since he has violated the terms of the agreement you should immediately get a strongly worded legal notice issued to him thereby terminating the agreement on account of breach of contract. Further you may file An intallah peshbandi complaint with the DCP concerned. You may connect for better reach
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hi,
Though a thorough reading of your sale agreement is necessary for any opinion in this regard, generally speaking in such agreements the earnest money stands forfeited after lapse of time (especially if it has expressly been stated in the agreement that time is of the essence), so as such you should have a right to the earnest money.
Regarding the second padt of your query, a simple interpretation of the clause highlighted by you does not give the buyer any right to transfer his obligations under the contract to a third party.
That being said, I wish to make clear here that the aforesaid is based on certain assumptions based on general practice and a proper reading and interpretation of the contract and available documents is necessary for proper guidance. I suggest that you have the documents and chats reviewed by a lawyer before taking any steps.
Please feel free to contact me for any assistance or to book a consultation regarding your query.
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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We need more information on this and need to go through the ATS n other facts of WhatsApp chat ! We need to send a legal notice to the person in order to b on the safer side ! Kindly b in touch with us asap !
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Adv. D. Khan
Delhi | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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