Breach of contract buyer

BHARAT NARULA (Querist) 13 December 2013 This query is : Resolved
We have 1800 sq-ft house built in Vishnu Garden . Since we are not that much rich to built that much big house so we decided to sell 630 sq-ft from it in order built our house since it was too old building. We went into an agreement with a builder for the property to sell 630 sq-ft . The agreement was signed on 18th Oct with 6 lakhs paid a part money . It was written in agreement once physical possession is handed over the rest 9 lakhs will be paid & within 3 months the rest amount will be paid . We vacated our house on 25th of oct & started demolition our rest of the area i.e. 1170 sqft .When we went to hand over the physical possession to him according to agreement but he told he is still arranging the money . He kept on telling us the same for past 40 days . On 10th Dec 2013 he told us he cannot move with this deal & told us to return him the 6 lakhs . He threatened us otherwise he would not let us to sell this land to anyone else . We already have demolished our side & now we are living in rent . We are not getting the same amount now . We had small manufacturing unit at home which was our livelihood . But due to this we have to close that unit . Now we are big trouble that we take this matter in court it will take years as the buyer has told us he we take this matter in court he will drag this matter for many years & you will loose your rest of property .I have sold this land so that I could send my child abroad for studies . Now his year will also be affected because he was preparing for this for past 2 years .Now please tell me what should we do ?
really helpess now

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Devajyoti Barman (Expert) 13 December 2013
Do not make a court case . Try to settle the issue amicably. Since part of the building is already demolished it would be better if you deduct certain portion of the money and return the rests.

BHARAT NARULA (Querist) 13 December 2013
but he not ready to reduce the money he asking for full 6 lakhs

Guest (Expert) 13 December 2013
Return the rest as advised by above expert thro registered post if it gets returned with that evidence consult a local lawyer

Rajendra K Goyal (Expert) 14 December 2013
amicable solution is the better option, arrange the money and pay by cheque after getting previous agreement termination duly signed.

Try to get the deal finalized with some other partner.

T. Kalaiselvan, Advocate (Expert) 14 December 2013
What are the terms and conditions of the contract or agreement?, if there is a breach on his side, issue him a legal notice demanding him to perform his part of the contract, if he does not complies with the demand, terminate the contract and proceed with the sale of the property to a third person, let him file a suit after that.

BHARAT NARULA (Querist) 14 December 2013
The terms & condition was if he backed out then the money given by him is forfeited . But the problem is that I have already demolished my house . Can you please tell me after sending him the legal notice & he doesn't reply then for how long I cannot sell the property . The agreement was made on 18th of oct

Devajyoti Barman (Expert) 15 December 2013
If you are ready for legal battle then do cancel the agreement.
You can also negotiate to sell now the property to another person.

ajay sethi (Expert) 15 December 2013
better contact a local lawyer . terms of agreement signed by builder has to be seen . as advised by experts an amicable solution is best

BHARAT NARULA (Querist) 27 December 2013
May I know how long the agreement is valid

BHARAT NARULA (Querist) 27 December 2013
Because some have told us it is valid for 3 months after that you can terminate the agreement.

Guest (Expert) 27 December 2013
Consult a near by Lawyer with all documents

Devajyoti Barman (Expert) 27 December 2013
Refer to agreement to determine the time of its validity.

Breach of contract buyer

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