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House purchase problem with paper and party not returning advance


26-Nov-2023 (In Property Law)
I have paid an advance of 1000000 rupees for purchase of house and found out that the paper has some problem and bank cannot sanction loan for the property. Now the owner is saying he will not give the full advance amount back. The advance is given to him in the form of two checks and same is mentioned in the agreement how can I proceed further to get this resolved
Answers (2)

Answer #1
609 votes
Dear sir,

Considering your query, if you are sure about the issue in the title deeds or any documents you are entitled to full refund of the advance paid by you. Further as you have paid by way of cheques we can very clearly prove to the court that entire payment was received. However for proceeding further, I would have to look into the recitals of the sale agreement. ಈ would suggest you to contact me for legal assistance in this regard.

Regards
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Answer #2
506 votes
Respected

As you informed, the question of amount recovery(full amount) depending upon the terms and condition of agreement.

If the agreement is not contain any penalty clause, please issue notice inrespect of cancelation of agreement at first and in that notice claim back the entire amount only if the penalty clouse is not reflected in the agreement.

As you told there is a errer in documenta please inform the same in detail in notice.

After issuence of notice also if he failed to return amount, you can go for recovery bu filing suit before competent civil court

If your provide the detail of agreement we can give sugetion.

Beter you contact any advocate or contact us.
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