BREACH OF AGREEMENT OF SALE BY SELLER
Querist :
Anonymous
(Querist) 08 July 2010
This query is : Resolved
Seller has breached the agreement for sale, as when asked to furnish documents of municipal permission to be able to use the residential property in a commercial manner as he advertised it in his offer of sale through webpage advertisement, instead of furnishing such proof, he immediately returned all the money paid so far on some other pretext.
How the seller can be booked for breach of contract?, and how the damages shall be computed in case breach is proved in the court of law, as seller cannot perform the specific performance of the contract as he cannot convert the proposed residential property of sale to its commercial use as he stated in his offer of sale.
Also, if seller cannot furnish proof for able to use this property for its commercial usage, then what IPC criminal charges for which he can be booked for inflicting maximum punishment on him?
Chanchal Nag Chowdhury
(Expert) 10 July 2010
This depends on what he had advertised. If it was a mere promise to commercialise in the future, it depended on the municipality & he can very well get away but if he had stated that it was already a commercial portion, he may be sued for damages.
