• Should toke amount be refunded in case buyer cancels the deal?

Hi,

The buyer paid some token amount and a week before registration he cancelled the deal.
Should we return the complete token amount received from the buyer ?

The buyer is also demanding extra money for the amount he must have spent on getting loan approved, any other charges etc on his end..
Is it even legal to hold the seller accountable for extra charges when the buyer cancelled the deal.

Thanks,
Chaitanya.
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

  1. No, you aren't liable to refund the token amount if the buyer has cancelled the deal as per his own sweet will. It follows that you aren't liable to pay any extra charges either. 
  2. Rather you have every right to sue the buyer for specific performance of contract ie to execute the sale deed with you; and on his failure to do so, to pay you compensation. 
  3. I'm willing and prepared to sue him as your counsel (advocate). So speak to me on phone consultancy option here at kaanoon

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Dear Sir,

Token amount means an advance amount or part of sale consideration amount given to the vendor by the buyer as an assurance for the transaction.

Mutually settle the matter but there are no legal consequences unless sale deed is executed. Exchange of token money does not create legal rights in the property. It only signifies an intent to buy.

The amount paid varies according to the size and location of the property and also as per the terms and conditions laid out by the seller. If the seller backs out from the deal, the buyer may file for a compensatory suit and demand that they get refunded the money they lost in the transaction.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No The seller can't be held responsible for cancellation of deal from buyer side. If you have made Agreement to Sale. than follow the terms and conditions.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

buyer cancelled deal you are not liable to pay extra charges incurred by him 

 

2) you can forfeit token money if there is clause to that effect in agreement for sale 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

Any agreement to sell executed with buyer ? Well, deal was locked by him by paying some token amount due to which you unable to contact other parties and rejected offers, so actual loss faced by you.

Tell him to compensate you against losses. No refund.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Yes, the token money as it is called is committed assurance to enter into the verbal deal agreed between both the parties and upon backed out by purchaser this is forefeited by the seller.

whereas,when a written deal/agreement is signed for sale purchase of property, a small and fixed amount is paid and is called earnest money and a receipt is issued for it which is adjusted towards the deal price upon finalization and in case cancellation this is forefeited being the expenses towards cost of documents and other incidental expenses.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

I have already explained to you the course of action. Speak to me on phone consultation for further guidance

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

If you want deal you go ahead file suit for specific performance against buyer 

 

in alternative arrive at amicable settlement with buyer wherein no further money is payable by you 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

It's basic understanding between the parties of agreement to return the amount or retain it. If there is nothing in agreement there is no law which speaks about the same. In general parlance if the buyer fails to buy the same seller retains the token amount. If seller refuses to sell its his duty to return the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can not be held liable if the deal has been cancelled by the buyer and there is no fault from your end. 

you may also forfeit certain amount 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Of MoU does not talk about the cancellation clause then return the money that he has paid to you but you are not required to pay any further amount 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

issue a legal notice for cancellation of the agreement for breach of contract and seek damages on the entire consideration amount. Generally when the buyer back out of the deal the entire token money is forfeited by the seller.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Consult a local lawyer and initiate legal action against buyer.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. IF the Buyer has himself cancelled /revoked the Deal, THEN he loses all rights for any type of further demands or claims and on the contrary becomes liable for Breach of Trust & Other losses to the Seller party, for various losses /delay on the deal.

2. You can serve him a Legal Notice for your losses and request him to honor his deal. IF you are getting another deal, THEN it is advised to forget this Buyer party and his illegal demands /claims, since legally buyer has no rights, till he signs the agreement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

See if there is no clause in agreement to.forfiet the amount.you can refund same.

See he is not entitled to any extra amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you can refund the amount and can enter into a cancellation agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The buyer's demand are unjustified and illegal, it may not be valid if he resorts to approach court.

The seller may deduct a sumo of rupees towrds the administrative charges and refund the balance.

The seller is not liable to settle the amount incurred by the buyer to obtain loan amount from bank.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

As a seller you can deduct the administrative charges towards the said agreeent and then execute a joint cancellation deed along with the buyer directly.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Than your side is right no need to pay extra amount to him.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Yes you have to refund the token amount if their is no clause regarding cancellation of agreement.

2. Buyer cannot hold you accountable for refund of money with interest because cancellation of deal was done from his end. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the buyer is asking for the refund of token money and also some extra amount what he may have spent on approval of the loan.
  2. I would like to inform you that he would be having al the right for the refund of money if he not, but the seller would have refused to execute the MOU/ or refuse to sell.
  3. Though there should have been the cancellation and it’s consequences by fault/ or end of either or the party, but as it has not been there then you have both the options either to refund after some deduction or not to return at all as he is at fault not seller.
  4. Because in the absence of the refund clause also seller has suffered the loss as otherwise he would have sold it to someone else and got some profit over the amount also.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Normally the token amount is never refunded because you waited for him and didn't talk to anyone else. Therefore do not return it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Don't return it. Also there have to be such an emergency which you can see then you may return it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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