No he can't take you to court. You can refund the same through banking channel
No registered sale agreement, i want to cancel deal and refund token to broker
Dear Sir/Madam, A broker made a deal with me on a NOTEBOOK paper of selling my plot. The details on paper has my name, address, property details, Rate and timeline of sale. Buyer name is NOT mentioned on it. Just broker's name is there with title of "Broker". I received token of Rs 1 lac from Broker and is mentioned on it, which has my signature. The deal on a rough paper is neither on stamp paper, NOR registered. I want to cancel the deal and refund the 1 lac token amount to broker, but broker not ready to cancel. If I still cancel and ready to refund the money to broker, can he still take me to court for breaking the deal?
Asked 4 years ago in Property Law
Religion: Hindu
20 Answers
Is a deal on rough paper, signed by me, acceptable in court though? There were no clauses of cancellation terms, but since there was lot of empty space on paper, i am afraid, he might add lot of content to it even below my signature.
Asked 4 years ago
It doesn't have any applicability
broker can take you to court for breaking the deal
2) it is necessary to peruse terms and conditions of deal to advice further
Deal on rough paper signed by you is binding upon you
This deal has no legal validity if you don't wish to go for the sale then you can refund the amount in agreement to the other party the details written on the plain paper is not binding to you in case you are not happy with the transactions you simply go for it
1. There is no agreement to sell made so far, hence you are free to opt out of the deal.
2. Signature of seller alone on plain paper even in the notebook does not make it an agreement to sell. Had the buyer also signed it then it may partake the character of an agreement to sell.
No in such situation the broker does not have any right to take you to the court of law. You may give him back in one lakh rupees through bank deposit and send him a notice for cancellation of all kind of oral agreement
Who is having the original copy of such agreement?
See since there is no sale agreement it is just negotiation with the broker it is not a binding agreement you can refuse to sale can refund his token and can cancel selling the property.
See there are no terms of deal, the second party buyer is not there , it is not legally accepted contract and same is not valid. Immediately send notice to him return the amount.
See there are no terms of deal, the second party buyer is not there , it is not legally accepted contract and same is not valid. Immediately send notice to him return the amount.
First check whether the broker has registered licence of real estate. Than return money to broker by cheque, if he clears the cheque than that will be proof he has got 1 lac rupees back.
1. Transactions of "immovable properties" must COMPULSORILY & LEGALLY be done on Stamp Duty paid & Registered deeds. Hence blank paper deals or signatures are legally invalid, null & void.
2. You can just simply ignore the notebook paper and the broker, since he CANNOT do anything legally, in any manner, whatsoever.
3. Whenever the broker comes to you, THEN simply return his token money ONLY by cheque and take his duly notarized affidavit on 100/- stating that the deal is cancelled and money refunded without any future liability.
The paper has of no value you can cancel immediately the deal and may say that you are refunding the amount as the terms has not been complied with related to the time to conclude the deal.
1. This is a cheating and for this you you can lodge a complaint with local police and ocne it is done a FIR can be registered.
2. On registration of FIR he under pressure is likely to refund your money.
3. If not then you will have to file a civil suit for recovery of money.
Such agreement is not enforceable in court. It had to be at least on stamp paper. you can cancel the deal, further there is no buyer but only broker seller deal (service agreement), which can be reject at the instance of seller. No more interested to hire broker service.
Anything which written on insufficient paper is declare as Null and void, you have to file the injunction suit against such person to avoid him from create dispute in your property
If you are ready to return the money to broker and cancel the deal then tell him that you are not interested in deal and ready to refund the token money so you are cancelling the deal.
Broker cannot take you to court because there is no registered agreement between you and broker.
You can just deny that you have never signed any paper with broker and just took One lac as advance on promise that we will do a formal agreement on decided date.
The broker cannot go to court merely on the basis of the piece of paper
It is not an evidence and neither it is sale agreeement hence no case will be maintainable.
You can properly challenge the same in case he is approaching court.
Mere writing on a piece of paper cannot be considered as an agreement, you can ask him to collect the advance amount or you can send the same to his address by money order.
- As per the information mentioned in the present query, makes it clear that the paper is not at all the agreement to sell or something as the same requires it to be registered.
- But, yes there are chances that he might take you to the court though at the end he won’t get success in it.
- This is because of the reason that even if the same gets admitted by the court of law then also there can’t be the situation that the same can’t be cancelled if no clause is there by paying back the token money with the interest.