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Puja (IT Consultant)     14 August 2013

Cancellation of sale

Hi Experts,

I need your opinion on cancellation of sale matter.

I planned to buy a 2 BHK flat and sale of my one bhk flat, I already booked my 2 bhk apartment with builder on reasonable price. One buyer approached me for my 1 bhk flat and I informed them of back to back sale condition and checked if they can clear full payment in one month. They agreed on this (all communication verbal). After paying off 20% of amount buyer backed out of transaction stating they dont want to go ahead with transaction. I had to cancel my 2 bhk booking as time given by builder was over. I received money from buyer around 15% in cheque and 5% in cash. I deposited cash in my account. As buyer backed out last minute and other properties in area very expensive from my budget I had to rent a flat. Basically I incurred sufficient loss due to renting out new place other expenses associated with it. Builder returned all money on cancellation, I plan to deduct 3% of total transaction amount as loss. I was thinking if I should go for cancellation of sale deed or a stamp paper declaration of full transaction and deductions signed by both party is sufficient? There wasn't any sale deed signed or receipt of money given by my side.

Please suggest.

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 August 2013

Since the sale deed was not signed by both the parties, it is not valid. Just tear it off.

Puja (IT Consultant)     14 August 2013

There wasn't  any sale agreement in writing, Why I want go for cancellation of sales there are two reasons: 1. Cash amount transaction to my account   2. Buyer agrees on this deduction right now but may raise questions on deductions after receiving amount. 


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