LawRato

buyer refused after made agreement . can sell my property to other?


08-May-2023 (In Property Law)
one customer made a agreement with us for buy a flat from my parents. Bayer gave a check of Rs. 50,000.00. He made a agreement that they buy my property with in 120 days from the date of agreement. within 120 days, buyer told me that he will not able to buy because he unable to arrange money. within that time, I hard from bank that given check ,at the time of agreement , was returned / bounced for insufficient money of buyer's bank account or any other cause. today is the 120th day from the day of agreement. I have not got any written declaration from buyer . in that case can i sell my property to other customer? after 120 days , it is necessary to collect the written copy from customer that he unable to buy.
Answers (3)

Answer #1
986 votes
Sir you have let yourself to get in a spider web. Why can't you people before entering into such kind of agreement check it with your own advocate,as I am sure your buyer has a very smart advocate. He let the cheque bounce on purpose so as to prove in a competent court that you are in a agreement with him to sell the said flat. How cunning he is.now read the agreement carefully. There is a time limit of the time limit or it is there with indefinite loop. You will not claim money under section 138 of N.I.Act I.e cheque bounce matter as per my suggestion. Get the agreement verified first. Check and cross check the agreement by a good and competent lawyer. See to it that no case is filed against your name or address in the concerned district court. Contact if needed.
Answer #2
966 votes
Send legal notice by revoking this agreement along with cheque and bank letter for insufficient of balance. There after sell the property to others person.No need to file a cheque bouncing case u/sec.138 N.I.Act.
Answer #3
529 votes
Need to go through your documents and/or agreement for advising you. If the agreement is revoked after lapse of 120 days the property can be sold to a third party and for that no declaration is required.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."