Querist :
Anonymous
(Querist) 20 June 2010
This query is : Resolved
Hi, I had flat deal after paying downment i had it registered and applied for loan. But, due to Society registration and CIDCO transfer not happening i am unable to get loan from any bank. Is there any rule, which says, On cancellation is the seller subjected to return all the money back to me that i have paid him? Please Help.
Devajyoti Barman
(Expert) 20 June 2010
The rule governing the terms for refund of earnest money on cancellation of the sale agreement wholly depends upon the terms and condition of the agreement for sale itself. if it silent then it is to be ascertained as to out of whose conduct the sale could not be completed. Without going through the sale agreement it is hence not advisable to make any suggestion.
Querist :
Anonymous
(Querist) 21 June 2010
There is nothing stated in terms and conditions regarding cancellation of deed. I am unable to get a loan,because of CIDCO transfer/NOC from any institution. and hence unable to pay the seller the amount. So, would be requesting for cancel.
Raj Kumar Makkad
(Expert) 21 June 2010
Provide legal notice and negotiate with the authorities first and then get it cancelled on the basis of mutual agreement.
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