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  • How to cancel home purchase after loan disbursal before registration of sale deed?

I am purchasing a house of 48 lakhs with a home loan of 30 lakhs from SBI. I have a sale agreement and construction agreement and till now paid 46 lakhs, including the full disbursal of home loan. I am due for registration but would like to cancel the purchase of the house as the condition of the construction is not satisfactory even after repeated repairs by the builder. Can you tell me the best way to proceed?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

1. Well, after making more than 90% of the full consideration amount going for cancellation of the agreement is not advisable at all. By this way you would loose the property and would loose many years to get back the money.

2. On the contrary take possession of the property and then file a case before the consumer forum seeking damages , compensation and reversal of faults which has been done by the builder.

3. in this way you can get the faults corrected and would not part with possession of the property as well.

All the best.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It all will depend on terms and conditions in the Agreement for sale.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Disbursed amount is already paid to builder. In this case you can transfer loan to new buyer here you have to take builder into confidential to help you regarding selling your flat. And transfer your money and homeloan.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to request cut the refund from the builder.if he is not paying you can approach rera

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you can give a cancellation notice to builder and can seek refund of complete amount along interest and then can you can pay loan amount from same.

In case builder refuse to refund same a consumer complaint can be filed seeking refund and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Obtain a written opinion of structural engineeer that quality of construction is poor 

 

2) if you cancel agreement chances of refund are bleak as most builders are facing financial constraints 

 

3) register sale deed then sue the builder to rectify construction defects 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Cancellation of sale and construction agreement can be initiated through a legal notice, however since the bank has already disbursed the entire loan amount to the builder, the builder will not refund back this amount to the bank only on this notice. In which case, you will have to file a consumer complaint against the builder seeking cancellation due to quality issues and inferior build quality. In this complaint, you can implead the bank as well. If the verdict comes in your favour, then the court will direct the builder to refund back the money to the bank and refund back the balance amounts to you together with interest and other incidental charges that you are entitled to.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Dear Sir,

You can do that by issuing strong Legal Notice to the builder and thereafter you have to file complaint before Consumer Forum making allegations about the quality of the construction thus you will be compensated in terms of money.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

you can find another buyer who is desirous to buy the property and transfer the property to such buyer

the buyer would pay you the agreed sale price and would also take over your loan liability 

for instance if the buyer is also availing a loan from a bank, other than your bank, then the buyer's lender bank can repay your bank and your loan will thus get closed, and balance consideration will be paid to you by the buyer or his lender bank 

the buyer just has to pay the transfer fees to the builder 

you can agree to sell the flat at the same rate at which you purchased it from the builder or you can sell at a higher rate depending on the present circle rate in that area

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Client,

Better complain to RERA for recovery of paid amount on the ground that the quality of contribution is not as offered in sell agreement and on repeated request, still no improvement. 

Or take possession and than can file consumer complain that delivered house lacks quality as agree and demand compensation. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have got the loan and till low almost paid full amount except few two lakhs.
  2. Now, if you wish to cancel the agreement then bank would be kept out of it as you have taken the loan by giving the surety that you will repay it and no agreement would have been talking about any clause of banks involvement or role if you or builder happen to cancel the agreement.
  3. But, yes you can get your whole amount back if the builder has not complied what has been led down in the agreement.
  4. And providing bad quality of house ( that may cause danger tot he life also) is absolutely not acceptable.
  5. You should file a suit for breach of contract agaisnt the builder before the court of civil law to get back your money with interest, but till then you may have to pay the bank EMI.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

 

Following examples make you clear.

 

Cancelling an apartment booking?


Saurabh from Bangalore booked an apartment in January 2014 after taking a home loan from a well known bank. However, now he wants to cancel the booking and is ready to bear the necessary monetary loss. He wrote to Magicbricks.com enquiring about his available options while cancelling the booking? 

Buyers like Saurabh, who due to various reasons, are forced to cancel their booked property. However, the path to booking cancellation is unfamiliar to many. 

Sometime issues such as delayed project and exuberant cancellation fees being charged by builders are faced by such buyers. 

Following are some circumstances that buyers can identify and their solutions with while cancelling their booking. 

Asha Nayar Basu, partner, S Jalan & Co, a legal firm in response to Saurabh's query says, "Carefully go through the sale/ allotment agreement on the clause pertaining to cancellation of the booking. It will be as per the agreement. Some ag .. 
There are others who did not sign any agreement or did not have a clause of cancellation of the agreement. Take for instance Dharmesh, who entered into an agreement for an under construction flat. His agreement had no provision for cancellation. In such cases Basu advices, "In case there is no clause for termination or cancellation, you can cancel the same on certain grounds of impossibility to perform the same, which can be made out from the agreement. However, if the agreement is cancelled on  .. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You first communicate the matter to the builder about the sub-standard quality of construction and can inform him that he ignored your requests to rectify the mistakes and provide a better quality of construction. After this you can intimate your decision to cancel the booking and seek refund of your booking amount paid so far after deducting the administrative costs.

You can take up the matter through RERA for further remedy and relief if the builder is not cooperating.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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