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km   09 January 2025

How to get back earnest money from seller of flat

Hello,

We were interested in an upcoming flat that is still under construction. The building, where the flat is, is also under construction. Seller kept saying that he is waiting for the NOC from the builder. After 5 months of waiting, the seller whatsapp us copy of the NOC and "Suchi Kramank 2" (this is in Marathi) and so is the contents of the document. It turns out the NOC was from the promoter. Seller asked for Rs 5 lacs even before signing of any agreement or MOU, which we transferred online into his account. For some genuine reasons, we had to back out of the deal. Now we are requesting for this refund of Rs 5 lacs but the seller/broker-consultant is not responding to our whatsapp message. 

Can you please suggest how to go about it? This Rs 5 lacs is my sister's money who is 71 years old and living on pension.

Somebody please help us. Thanks so much.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     09 January 2025

You send a legal notice communicating your decision to cancel the deal and demand refund of the advance amount failing which you can file a suit for recovery 


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