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Muralidharan   06 August 2015

Buyer breaching the agreement.

Dear Sir,

I am asking this on behalf of my friend who is from Tamil Nadu. Value of the land sold is 8 lakhs. 

An agreement was clearly put that buyer should pay entire amount in 3 months otherwise the agreement will get cancelled. Buyer paid only 6 lakhs in those 3 months. We approached them to pay the remaining and get the registration done. But the buyer ignored us.  After 15 months buyer comes now to pay the remaining 2 lakhs. The land value has increased in these total 18 months. My friend wants 2 more lakhs as land value increased i.e. totally 4 lakhs to complete registration. But buyer is willing to pay only 2 lakhs. Buyer threatens us they will put stay order in selling the land further to anyone. How to approach this situation.

Thanking you.   



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2015

Seller would have send a intimation letterlegal notice  to buyer for agreement to sell  cancellation. Seller not done it. It is seller fault. Better to compromise each other. 

1 Like

rajagopal.s (Lawyer.)     07 August 2015

HI

since it is an agreement of sale, the seller can choose to refund the entire money to the buyer as the buyer has defaulted on his commitments on the agreements of sale and annul the agreement or can choose to take the money from the buyer and do the registration. 

 

the buyer even if he goes to court,will lose the case as it is his mistake. but the court shall  advise the seller to refund the money to the buyer

 

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