• Buyer refusing to accept refund of token earnest money

I made a deal to sell a flat to a buyer through property dealer. He paid cheque advance of Rs 2 lakhs which I deposited in bank. I gave a dated receipt for the same on PLAIN paper.NO Agreement to sell was signed. The money was in my account for six days. The agreement to sell made by property dealer was not acceptable to me. I informed dealer to pick up cheque of refund. I do not have contact details of Buyer as dealer did not give them to me.
Buyer and dealer refuse to take cheque. I do not wish to go ahead with deal as they are very rude. How can I return the money so no false case can be put against me. i have bank details of buyer.
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

1. Since you have taken money which has documentary proof of payment there is an oral agreement for sale. 

2. As there is a sale agreement it needs to be cancelled as well. 

3. So send a written notice of cancellation of sale and return the money to his bank account. 

4. Sell this property immediately to someone else. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Then don't send any notice.  Simply deposit the money in bank account of the drawer of the cheque. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Send him the cheque through post with covering letter and leave. If he doesn't accept it's his call. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello, 

They can not force you, if there is no written agreement. 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If you do not have the details then you may send a legal notice for cancellation to the property dealer and may send a copy of the same to the police station. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The law does not require that the agreement to sell has to be writing, signed, stamped, registered etc. Those requirements are for a sale deed. 

As of now you have entered into a valid contract and if you terminate it without any sufficient cause, the other side can sue you for breach of contract and recover reasonable damages.

Coming to the solution, please do the following:

1. Transfer the amount back to the buyer in his bank account. 

2. The dealer was acting as an agent of the buyer therefore issue a email/whatsapp/letter/legal notice to the dealer stating the following:

"Dear Mr......

This is pursuant to our conversation dated........  It is unfortunate that your client Mr.............(buyer) is unable to proceed in accordance with the terms agreed upon by us. I understand that these are uncertain and testing times and it is difficult to arrange funds. Although I was hoping we could negotiate, but since the buyer has made his mind not to continue with the deal, I have refunded the earnest money to his bank account number provided by you. Details of transaction: (Account no., Amount, date and transaction number). I have not deducted any amount as a goodwill gesture. Please convey it to Mr................. (buyer).

Thank you. 

............................" 

 

This way you can make it look that oral agreement was orally terminated by them. 

Hope this helps! 

Best wishes. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

You can issue a legal notice to the property dealer stating that he had paid an advance mount by showing interest to buy the property, whereas the deal could not be finalised due to specific reasons, hence despite many request the dealer is not collecting back the cheque amount , hence he is instructed to call on you to get the cheque amount within  time stipulated ion the legal notice failing which you would approach court to deposit the same in the court deposit for the said reasons.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

They cannot force you to sell the property in the absence of any sale agreement entered between the seller and buyer, hence you may follow the procedures as suggested in my previous post.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Since you do not have the address or details of the buyer you can consider the proeprty dealer as the buyer and send the notice to him directly.

You can consult a local advocate and take proper legal action as suggested.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

A lawyer should be engaged and a notice be served to them to take their money and end the deal.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He can refuse it but it would be his loss. He cannot do anything.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The property dealer represents the buyer. Send him a legal notice and ask him to bring the buyer and take the refund.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Transfer money by NEFT transfer to buyer account 

 

send email that deal is cancelled and money refunded 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Buyer can refuse to accept refund and file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Call upon dealer to furnish details of buyer , his residential address 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. Since you have not yet signed the agreement to sell there is no contract between you and buyer yet, hence you can safely make an exit.

2. Serve a legal notice to the buyer to collect the cheque and state that you will not be going ahead with the deal.

3. The legal notice will come to your rescue if a false case is put against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send them a cancellation notice and ask them to get refund in written. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Get issue a legal notice to the Property dealer to cancel the said transaction which is initial stage failing which you can lodge complaint with police for blackmailing tactics and also file suit of permanent injunction. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes, as no agreement has been signed between you and the buyer, you are at liberty to cancel the deal at any time as you have not accepted any terms or conditions of the buyer regarding cancellation of deal and returning of earnest money. You should send a notice in writing to the buyer regarding cancellation of deal (don't forget to mention a valid reason). As you have the buyer's bank details with you, you should transfer the earnest money amount to the buyer. And if you don't want to return the earnest money, there is a legal process for that also. 

Nikhil Gupta
Advocate, Yamunanagar
141 Answers
1 Consultation

4.0 on 5.0

Send a legal notice to the buyer (if address cannot be found out, send it to the property dealer), to take back the refund of the earnest money. Since you had not yet executed an Agreement of Sale, which means there was no valid contract existing now with the buyer.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1. You should send a written notice for cancellation of deal to broker in ground that agreement terms are not acceptable to you and you are ready to refund to the money take as advance.

2. No need to return the money directly to buyer amount at this moment without sending a proper written intimation.

3. You can send notice to property dealer if you don't have address of buyer also tell property dealer that you are returning advance through online transaction.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

 A contract can be oral but in case of any dispute burden of proof lies very heavily on the plaintiff to prove any such oral contract. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Transfer money to Buyer's bank account through RTGS / NEFT etc.

Send notice to Dealer informing about the cancellation and refund of the money.

Keep record of the above.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Since you refunded the advance as stated above, he may demand through dealer for sale

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can send notice to the dealer informing him about the refund of the advance and cancellation of deal, demand for the postal / contact address of the buyer to inform him. 

Since there is no contract between you, there is no chance of protracting the matter.

However, there is a chance of buyer in collusion with deal to file suit for Specific Performance, which is all probability do not have any sanctity in eye of law, as there is no privity of contract between you.

No need to woryr.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- As per Contract Act, oral agreements are legally binding as long as they were made in good faith and you can prove it in court. 

- Since, there was no agreement was executed after mentioning the terms and conditions of termination by the either of the parties , hence legally the buyer cannot recover from you the said deposited amount , as you can claim that the said buyer has paid debt amount by way of cheque to you. 

- You should send a notice to the said buyer and one copy of the same to the said dealer , after mentioning there is no any type of agreement between the buyer and you , and dont mention about the property. 

- If , the buyer not coming forward , then let him approach the court , to prove his case in the absence of any signed agreement . 

- Further , without any fear , sell the said property to another purchaser . 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer