What should I do if seller isn't responding to my calls
26-Apr-2023 (In Property Law)
I finalised a plot for 85 Lacs, and we made two agreements, one for complete sale consideration that is 85 lacs and another agreement for bank loan that for 60 lacs (white transaction). The original agreement made for bank loan is given to me by seller and another agreement for total consideration amount of 85 lacs is kept by seller, but I have kept a copy of it and the copy is certified by seller and also acknowledged by seller that original is with him. In the first sale agreement of 85 lacs, we included a clause that seller has to provide all required documents for bank loan within 15 days. Total duration of agreement is 3 months. And also a general penalty clause is also mentioned for both the parties which 1 lacs for both if there is a breach of agreement. I paid 10 lacs towards advance amount vide cheque to seller. Now, it's been more than a month I didn't get any documents from seller and seller is not responding. Please advise what action I can take.
As per the agreement, you have 2 more months to execute the sale deed. Please see the termination clause in the sale agreement if it provides for termination for non-handing of property documents. If yes then you can terminate it immediately. In the alternative, would suggest you send a notice by registered post asking for the documents failing which you would need to state that you would terminate the agreement.
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