Given earnest money as per agreement. Seller refusing to sell. Remedy?

I purchased a flat from a lady. She signed a notarized agreement to sell with me. But now she refuses to sell the property and also she refuses to give me my money back which is around Rs. 17 Lacs.

Last date of registration is 15th June 2014 as per the agreement to sell. Kindly suggest me what should I do.

Answers (1)

76 votes

You can file a Suit for Specific Performance against that lady in the Court wherein the Court will compel the Seller to perform the contract. As you have already given Rs. 17 Lacs, we can assume that it must be above Rs. 20 Lacs, so you can file a suit in the High Court. (We are assuming that the property in question is in Delhi)

Alternately, you can also claim your 17 Lacs which you had given to that lady as the earnest amount. You can also recover interest on the said amount.

What you can instantly do is write a letter and send it through the registered post to the seller stating that the date of closure of the agreement is coming close and you are willing and ready to do your part of the bargain. ( i.e. you are ready with the balance payment)

Kindly contact us for any further details and action.

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