Agreement of sale

VINOD KUMAR MALSARIA (Querist) 05 April 2014 This query is : Resolved
sale agreement made betwin buyer and seller for a plot date of exicute of sale deed fix on 10 feb-2014 as per sale agreement. as per sale agreement term condition if buyer not pay balance amount on date advance amount forfited and if seller not exicute sale deed he is liable for payment of double money of advance.
till date buyer not paid the balance amount. buyer agree for payment after 4 days but seller are not agree for take the payment & exicute the sale deed he say that agreement date already lepsed he is not laibale to exicute of sale deed.what this is correct?

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Guest (Expert) 05 April 2014
If the Seller had already decided not to execute the Transaction Things are Favoring him.

ajay sethi (Expert) 05 April 2014
seller should take the balance money . 4 days delay should be condoned . no need to forfeit advance paid . you will spend more time and money in running around courts if buyer moves court

Rajendra K Goyal (Expert) 05 April 2014
If the rate of subject of sale has considerably increased, better return the advance money, try to have amicable solution.

If, agree, the delay may be overlooked

If fully bent upon to go away with the agreement, go through the terms of agreement fully.

Devajyoti Barman (Expert) 05 April 2014
4 days default does not make the advance forfeited unless time was clearly made essence of the contract.

T. Kalaiselvan, Advocate (Expert) 08 April 2014
If the time is not essence of contract, the advance amount cannot be forfeited.

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