Agreement to sell
pawan kumar
(Querist) 09 February 2012
This query is : Resolved
ihad entered agreement to sell plot of land on 09/11/2009after accepting 30%as advance.it was unregd. agreementand it clearly spelt that advance paid will be forefeited in case buyer fail to make balance payment and get registry done buyer was to make balance payment as per terms of agreement on or before31/03/2010 and get sale deed executed in his favour.but he did not turn up and i got my attendance marked with registrar.on03/04/2010 he made some additional payment and got time extended for registry to30/04/2010.he again didnot turn up i again got my attendance marked with registrar. in june2010 i sent him legal notice giving him another chance to get registry done failing which his money will be forefeited. he didnot bother. now whatis the legal position. can isell plot of land to some other person.what legal recourse buyer can adopt
ajay sethi
(Expert) 09 February 2012
since buyer has failedto perform his obligatons under contract you have rightly forfeited earnest money after issue of legal notice .
the buyer has failed to reply to legal notice .
in case buyer was interested he could have asked you for extension of time for making payment .
you can go ahead and sell the property to third party .
prabhakar singh
(Expert) 09 February 2012
The conduct of agreed buyer shows he is not ready and willing to perform in accordance with agreement,hence you can ignore him to ahead.
Raj Kumar Makkad
(Expert) 09 February 2012
It shall be better for you to co-relate your attendance with the given dates to him. If there is any variance between these two then definitely you shall invite problem otherwise the advice given above is correct.
