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Sheryl Aggarwal (GM)     18 July 2011

Options Available after expiry of sale deal agreement.

Hi

I  sold my  flat to some broker in Delhi . Now time as mentioned in sale agreement  including grace period is over . Broker has paid only 30% of the deal . Now my questions are

1)How I can pressurise him to get full amount ?

2)Can I forfeit his advance as mentioned in ATS ?

3)Should I send him some notice ? Broker says delay in  payment is normal practice & u cannot forfeit my advance.

We have written agreement on stamp paper but it is not registered .

Please advise What options are available for me ?

Thanks



Learning

 3 Replies

R.R. KRISHNAA (Legal Manager)     18 July 2011

Written agreement will always prevail.  So you may inform your readiness and send a legal notice calling upon him to pay the remaining amount.  But if the buyer sends notice or contacts in person seeking return of advance amount highlighting his inability to purchase the property you may forfeit the advance amount and cancel the agreement.

 

Best wishes

Bharatkumar (ADVOCATE )     19 July 2011

U give a notice and then he not contact u, u can cancel the Agreement, But first read the condition of the Agreement for Sale.  

Kumar Doab (FIN)     23 July 2011

Learned members have given the valuable suggestions.Kindly follow it.

It is learnt that on the last day of the agreement the tehsildar can mark your attendance and absence of buyer, and it is better to get it done.


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