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Jayanti Devi (Student)     01 November 2024

Sale agreement of flat

Buyer has executed sale agreement  for purchaing a flat and paid 30% advance in a partial payment plan schedule.

now, sale agreement has a cancellation clause wherein on cancellation notice seller is supposed to refund full amount within 15 days notice or deduct 4% after 15 days motice. Now, date of refund is not mentioned in agreement,

now

a) question is can buyer exercise cancellation clause within 15 days and ask for refund? Is the buyer legally entitled for refund even wihout agreement?

b) if seller refuses  to acccept reason for cancellation and does not refund money, can buyer demand the same from court ?

c) when court sees that state of mind is not clear of buyer and he has exercised cancellation clause so fast after agreememt and payment, can court reject buyers claim for refund?

d) in this dispute scenario, is there a possibility that buyer do not get bak any money at all ?



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     01 November 2024

  1. If the sale agreement is not executed by a registered document then it is not enforceable therefore you can very well take action for cancelling the sale agreement and claim full refund, failing which you can file a money recovery suit against the seller.
  2. Yes
  3. Court will not go by the mind of the buyer or the seller, the court will appreciate the evidences alone before it. 
  4. The seller has given an acknowledgment for the receipt of money hence he cannot deny the liability.

Jayanti Devi (Student)     01 November 2024

a) if sale agreement is notarized, can buyer still invoke cancellation clause within the agreement ?

T. Kalaiselvan, Advocate (Advocate)     01 November 2024

Yes, the buyer can decide either to invoke the clauses of the agreement or revoke the sale agreement depending on his circumstances 

P. Venu (Advocate)     01 November 2024

To my knowledge, the agreement for sale is enforceable even in if it is registered unless the State Government, through the appropriate provision of law has made such registration mandatory. 

In case the prospective buyer rescinds the agreement, the other party is bound to return the advance less the loss, if any, he has suffered and the terms of the agreement.

K. PHANI KUMAR (ADVOCATE)     01 November 2024

To mention the date of refund in agreement does not arise, and fifteen days notice point comes whe seller decided to cancel the agreement

P. Venu (Advocate)     01 November 2024

In my above posting, "even in if it is registered" may kindly be read as "even in if it is not registered".

Lapse is regretted.

 

Dr. J C Vashista (Advocate )     02 November 2024

Notarised agreement is enforcable.

Show the document to a local lawyer for analyses and proper advise

Jayanti Devi (Student)     11 November 2024

 does enforceable means that buyer can invoke the cancellation clause 

and send cancellation notice to seller ?

if seller refuses to accept cancellation, which court buyer can go for refund?

 

 

 

Dr. J C Vashista (Advocate )     12 November 2024

Originally posted by : Jayanti Devi

 does enforceable means that buyer can invoke the cancellation clause 
and send cancellation notice to seller ?
if seller refuses to accept cancellation, which court buyer can go for refund?

1. Yes, the buyer is well within his/her rights to invoke cancellation clause, if any.

2. Vague question.  

 What is your concern / dispute / problem qua this hypothetical academic exercise to be solved by your professor / teacher / coach /tutor ?
 

 

Jayanti Devi (Student)     12 November 2024

my question is refund and not cancellation.

legally, is refund supposed to be executed as per agreement ot seller can charge extra outside scope of agreement??

Dr. J C Vashista (Advocate )     13 November 2024

Refund of amount paid by buyer without cancellation / revocation of the agreement is a hypothetical situation.

Seek advise / guidance of your teacher / professor /tutor / coach.


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