• Opting out of agreement

Hello Sir,
I intended to sell my property to another person since I was moving out of my city. I have entered into an agreement of sale with him and he has paid around 42% of the agreed property value to me via cheque. However of late I decided not to sale and keep the flat. The registration and transfer of title is not yet done. I will return 42% of the money to him (via online transfer or cheque payment) before registration. 
However this person is not agreeing and wants the flat . My question is once I return the money to him, can the person still sue me or file a case against me to not completing the agreement?
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. You have to first send him a cancellation notice stating your willingness not to proceed with the sale.
2. Immediately thereafter you have to return him the money.
3. However the buyer nevertheless can file a suit for specific performance of suit , more so, if there is no negliegnece on his part to complete the our-chase.
4. In such suits it is the discretion of the court whether to allow his prayer or to refuse it.
Devajyoti Barman
Advocate, Kolkata
12802 Answers
165 Consultations

5.0 on 5.0

Once you have entered into an agreement to sell your property you cannot back out at your sweet will. The agreement can be cancelled bilaterally at anytime, but if it is to be cancelled unilaterally then the seller or buyer, as the case may be, can do so only if the other party has breached the terms of agreement. The prospective buyer will be at liberty to file a lawsuit against you to seek court's directions to you to honour the agreement and transfer the title to you. This apart, he can also seek compensation from you. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

My question is once I return the money to him, can the person still sue me or file a case against me to not completing the agreement?

What is stated in the recital portion in the agreement with regard to relinquishment / withdrawal from  of sale dealings. Loss or compensation clause is written in the agreement then you have bound to pay the same.

First you have to approach buyer and settle the matter amicably if it is not work properly send the Notice to him mention that you are with drawing from sale deals. 
Ajay N S
Advocate, Ernakulam
2766 Answers
47 Consultations

5.0 on 5.0

1. You have entered in to an agreement with the buyer for selling your property for which you have also taken advance amount as mentioned in the said agreement,

2. You are bound by the agreement which you yourself has entered into,

3. You can demand cancellation of the agreement based on the cancellation clause, if any i.e. if the other party fails to comply with any term of the agreement,

4. You can not whimsically cancel the agreement and if you do so the other party can file a suit against you as per specific Performance Act,

5. So, find out any lapse of the other party to get the execuse to cancel the agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
18416 Answers
447 Consultations

5.0 on 5.0

1) terms of contract are sacrosanct 

2) you have accepted 42percent of sale consideration . You cannot force the purchaser to accept refund and cancel your agreement for sale 

3) purchaser can file suit for specific performance if he is ready and willing to make balance payment as per your agreement 

4)it is in your interest to proceed with the sale 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

Legally you are required to perform your part of contract. If buyer is ready to perform his part of agreement i.e. he has money and papers ready on or before date of performance of agreement  then if you don't perform your part of agreement, you commit breach of contract. The buyer can either sue you for damages or can ask for specific performance of the contract. 
Although it is purely a civil dispute but some people try to give it a colour of criminal action accusing the seller of cheating. 
H. S. Thukral
Advocate, New Delhi
568 Answers
169 Consultations

5.0 on 5.0

Hi, once the agreement is entered by you, you have to perform the agreement but if you not ready  and willing to sell the property then convey the same and also inform to him cancel the agreement and take back his money.

2. If he is not ready to anything then let him go to the court.

3. As far as suit for specific performance is concerned it is the discretion of the court to grant the relief or not, though everything is hold good some time court will not grant relief and it will take years to settle the matter.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

You must first issue a legal notice to this person stating clearly that you have cancelled and revoked the intended sale of the apartment citing your real reasons and further stating that you are willing to refund back to him the entire advance amounts with interest and further intimating to him to come immediately and collect the cheque in this regard.
If he receives the notice and does not come forth and accept the cheque but is adamant that he will not come forth and collect the cheque but insist on completing the sale in his favour. 
After cancellation of the sale agreement go ahead and take out a paper publication as "PUBLIC NOTICE" that the sale agreement executed by you in his favour stands cancelled/revoked and that the public should not deal with the property in any manner what's so ever.
Once this is done if he fails to respond, file a caveat in the civil court in the event he decides to file a suit for specific performance of the sale agreement in which event you will get the notice instantly from the civil court.
this should be adequate to protect your interest.
Kiran N. Murthy
Advocate, Bangalore
995 Answers
89 Consultations

5.0 on 5.0

You cannot violate the conditions of sale agreement.  
If you have entered into a sale agreement then without any strong ground or cause you cannot unilaterally cancel the agreement.  
The buyer, if the stipulated time to execute the sale deed is available, shall issue a legal notice to you and may proceed to the court of law with a suit for specific performance of contract, then you may have to obey the court order .
Therefore try to sort out things amicably and assure him that you will pay interest at normal rates for the amount  received till this date.
If he is seeking the help of law, it may be that you may have to bear the litigation cost too if the case is decided against your interest. 
T Kalaiselvan
Advocate, Vellore
35583 Answers
385 Consultations

5.0 on 5.0

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