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Can I add a clause in agreement that seller will pay 4 times if fails
15-Jan-2023 (In Property Law)
Hi I am in the process of buying an apartment . And I am going to sign an agreement to sale by giving the 10% of the total property cost and that is 4,00000/-. Can I have a clause in the agreement to sale, according to which the seller has to return me the 4 times of the amount paid( i.e 16,00000/-) , in case he withdraws the deal? Is it valid or legal to have such a clause in the Agreement to Sale document ?
Yes you are at total liberty to add any clause in your agreement but it is not only you who has to be agree on that clause, the other party should also be agree to the clause or condition which you are putting. An agreement is valid only if there is consent of both the parties over it.
18+
Adv. Sumit Tuli
Panipat | 25+ Answers
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Secondly, in such type of case, the earnest money paid get forfeited, and if the said clause is there,
than you have to file the suit to recover the said money after paying the court fees
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Adv. Harish Malhotra
Gurgaon | 100+ Answers
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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