Refund of advance paid at the time of agreement to sale

You need to go through agreement terms; the Agreement is only instrument binding between seller and buyer. If it is mentioned that seller shall provide documents to buyer to facilitate a home lone and he failed to do so then you can issue legal notice for return of AP. Since Agreement is not attached herewith it will be ambiguous to advice relevant to situation.

Yes, both you and seller are bound and abide by tems and conditions of sale agreement and if it is condition that seller shall provide you documents to facilitate home loan and if he does not provide you documents then you can terminate agreement and demand advance paid amount.

Yes, any suggestion depends upon the terms and conditions of the agreement.

Dear Querist


It is not possible to give coreect legal opinion before reading terms and conditions provided under Agreement to sale.

The legal solution to this problem lies in terms and conditions of agreement in consonance of Law of the land.

Every term is not enforceable under law , it all depends on your agreement clauses.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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Indeed, both you and the seller are required to adhere to the terms and conditions of the sale agreement. If the seller is required to supply you with documentation to help with a house loan, you have the right to terminate the deal and request the advance payment.

If you do not get back the advance go to court to require the opposite party to return the advance and not to sell the property to a third party until the case is decided. Both sides will have to submit to the court documents in support of their stand and the court will decide. Even if the buyer has a clean case to get back the advance, but the seller does not give, the only remedy available is court.