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karthik (manager)     07 November 2012

Non performing as pr sale agreement

Sir,

We have entered unregistered sale agreement for 3 years with the owner of the property in Ponnery, to form the layout and sell the 100 nos of land plots and giving Rs.90/- per sqft during the registration of each plot. We have spent a lot for road, plot formation and spend lot for marketing the plots.

The land owner has registered 2 plots to our customers.

After seeing our advertisements and brouchure, the land owner refuse to register the land when we came with our cutomers for registration during the 2nd year of sale agreement.

We have issued a lawyer notice and they gave reply notice. We have file police complaint and its are all goes in vain.

Aftter 3 years completion of sale agreement, they have sold the layout plots to another real estate agent. That new person sold 60% of plots with new layout name and mention our old layout name in the sale deed.

Till now we have paid an advance of Rs.5.5 lakhs and spent around Rs.10 lakhs for layout formation and for marketing.

I need your advice for the following queries.

1. Whether we are eligible to claim back our advance amount with compensation for our works inspite of expired unregistered sale agreement with owner.

2. Can we claim to the owner, who entered in agreement with us or new owner to whom the original owner sold the lands

3. If we have to file a case, is it valid. For that we have to pay 10% of the property value. is there is anyway to pay less for legal action. As we are in financial crisis, its very difficult for us.

4. can we file criminal case against the owner who didnt act as per agreement.

Pls advice what other things can be done.

Thankyou all in advance.

Regards,

V.karthik



Learning

 1 Replies

Gopikrishna Kalyanam (Lawyer)     08 November 2012

Dear Karthik,

Greetings. A full reading of the Agreement is essential to get a proper perspective of the facts and to build up a case. On the basis of your questions, if limitation permits, you do have a case. Have you mantained any correspondence with the land owner? Why did you not choose to seek an injunction, when the landowner attempted to sell the property to third parties? Was your sale agreement time bound? and Did you default on the time clause of the agreement?

Best Wishes


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