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What to do in case buyer backs out of sale agreement
21-Jun-2023 (In Property Law)
Signed 'agreement to sell' and got advance.the buyer did not give balance payment on due date. Agreement did not have any clause for forfeit of advance. Please advise what to do
Is the buyer demanding refund? Does the buyer have the possession of the property? What were the terms and conditions of the agreement to sell?
Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Query perused. I would advise you to issue a legal notice to the concerned to specifically perform the contract by paying the balance amount faling which a civil suit for specific performance be filed. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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what was your paymant gateway. if u have u record of cash receipt or cheque, then, it will be easier. otherwise, it will lie under benami transaction and it will become difficult for you to claim such amount
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Adv. Vaibhav Kharbanda
Delhi | 50+ Answers
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You can simply visit to your nearest Police Station and file a complaint against him and also get an F.I.R. registered against him. There are many ways to get him punished legally if you have every documentary proof which supports your statements. Rest csn be discussed over a call or a legal meeting.
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Adv. Nitin Bansal
Delhi | 25+ Answers
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You would definitely be having an agreement where definitely having a clause with this regard. Buyer has to pay the booking amount to you. Buying of property is always the discretion of the buyer but for the personal benefits it can not bring lose to others
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Adv. Prashant Vaxish
Delhi | 400+ Answers
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you can file a suit for specific performance. Buyer will be compelled to either make the payment or give you damages.
In case, there is a clause for forfeiture of token amount/byana amount then you can proceed with it. But you need to intimate the buyer by serving a legal notice.
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Adv. Sanchit Goyal
Delhi | 25+ Answers
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