Re- sale of property as buyer not paid remaining payment for property


I sold my property to buyer which was agreed to purchase by him with agreed amount in 3 instalments out of which one is paid by him and backout at the time of second one and send me a legal notice on the day of purchase that there’s some fault in my documents to his reply my lawyer send him all documents clearing his doubt after it’s been 2 year there’s no response from him ...my question is can I sale it to new buyer I found any ?

Answers (3)


252 votes

Dear Querist, It will be important to know whether agreement is registered? I am sure your advocates must have mentioned in the reply to pay the balance amount.
If not give a fresh notice to pay or else will cancel the agreement. Accordingly, cancel the existing agreement to be cautious issue public notice and only then you can sell it further.

Regards,
Rakesh V. Misar.


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204 votes

Before sale deed had u made agreement to sale or visaar Pavti. Had in agreement you had mentioned the time up to which he should make remaining payment and execute deed? What reply you had forwarded through your advocate? If he is not ready to perform his side within stipulated time, you can sale out to another person.

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213 votes

Hi. Yes absolutely you can sell your property to a new buyer since the first buyer has not shown any interest in your property despite your lawyer having shared all relevant title documents to the proposed buyer. You can refund the amounts so far paid by him and terminate the contract, subject to what is agreed between you and that buyer in any agreement which may be signed by you and him. If there is a clause in your agreement stating that in case the purchaser defaults in making payment of the instalments on the stipulated date of payment despite the seller having complied with all the obligations on his part, then seller has right to terminate the contract and deal with the property in any manner he deems fit. If there is such a clause then you can terminate contract, refund his money and deal with your property as your wish. I'm basing my advice on basis of assumption and would want to see the agreement, if any, between you and buyer, for further advice.

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