Please provide some advice on the following queries:
I have a agreement to sell(Not Registered) my residential property in Delhi for which I have received earnest money from the buyer worth 40 Lakhs. The agreement to sell was dated on 1st October, 2016 and the deal completion date was decided to be 11th November, 2016.
After buyers request we extended the date to 20th November, 2016 which got edited on the document.
The buyer stopped to responding to our calls and dealer's calls since 15th November.
I went to registrar office on 20th November, 2016 and got another document(My will) registered which proves that I was present in the registrar office for deal execution but the Buyer didn't came.
Now this as per the clause of the agreement allows me to forfeit the Earnest money.
But on 23rd November, 2016 I received a notice from the buyer demanding double amount of the earnest money as per the agreement clause stating that he was present in the registrar office and I didn't showed up. Also the notice states that we requested him to extend the date which is absolutely incorrect.
So I want need your advice that what can be done to prove his notice is wrong and If I should claim the damages against him as he has issued false notice against me.Damages are like that I shifted to a new place on rent so that I can handover the property to buyer on registration date, plus the stress that my family went through as he didn't replied till the deal execution date and then this wrong Notice by his lawyer, plus the property rates has gone down and we cannot sale the property until this issue gets resolved.
Hoping for you genuine advice at the earliest.
Please let me know if you need and further details.
Asked in Property Law from Delhi, Delhi
1) contact a local lawyer and reply to legal notice
2) deny allegations made in said notice
3) mention that purchaser was refusing to take your calls during said period
4) you should mention that you were present at sub registrar office on 20 th instant
5) since purchaser has failed to pay balance amount by 20 th instant earnest money had been forfeited
6) in the alternative refund the earnest money and cancel the deal
Thank you for your valuable reply.
We have all the proofs that we were present at the court. And we have all the recorded calls where dealer has mentioned that he was not getting any response from the buyer.
Plus the buyer is not coming forward to do the settlement which clears his intentions.
Shall I file a case against him for false allegations and claiming the damage?
Asked 5 months ago
you should not be in hurry to file suit . you would be playing into the hands of the purchaser
2) once you file suit it would take 15 years for suit to be disposed of
3) contact a local lawyer and reply to the legal notice as advised .
4) mention that you were present on 20th instant at sub registrar office but purchaser did not turn up
5) also give an oopportunity to purchaser to still make balance payment so that regd sale deed can be executed in his favour
File a case of specific performance of contract.
The evidences you have mentioned are enough to provide your case.
On the contrary the buyer is on the wrong foot.
Another option is to cancel the agreement and refund his money.
You will surely get another buyer to complete the deal.
Oral claims which are not supported by documents do not give rise to a cause of action. If you were present in the office of sub-registrar and marked your attendance therein on the agreed date of execution of the sale deed then the prospective buyer has no case against you. This is just a tactic to make you refund the earnest money which the agreement permits you to forfeit.