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Mrinal (businessman)     07 November 2011

Seller sells to another party despite agreement of sale

Sir, I am a buyer and entered into an unregistered sale agreement with the seller for a period of 3 months which ended on 31st Oct. I received a letter and an email from him on 5th Nov cancelling the agreement and returning my earnest money, on the grounds that I could not pay the balance amount within the time stipulated.

But when the bank valuers came to value his property for my loan sanction he did not rspond, despite various phone calls and emails. Now he says that because the agreement does not mention anything about bank loan or showing the property to anyone, he is not liable for that. He says arranging the laon is my responsibility.

Further to my frustation, I have found out , that today he sold and registered the property to someone who had the money ready and that other man is the now the new owner. Can I sue the seller with whom my agreement is, for specific performance? One local lawyer has said I cannot do anything now, is that true?

 I am very worried. Kindly advice.



Learning

 8 Replies

sridhar pasumarthy (ADVOCATE)     07 November 2011

Dear Mrinal,

Your query suggests that you have committed breach of contract.  So, you are helpless. 

Mrinal (businessman)     07 November 2011

Dear Sridhar,

Thanks for your reply. But I did try to get a loan and he did not comply. Is that not an obstruction on his part?

Moreover, he did not send me a legal notice just a plain letter cancelling the contract, how can he do that?

Please reply.  Thanking you

sridhar pasumarthy (ADVOCATE)     07 November 2011

Dear Mrinal,

Unless I go through the terms of the sale agreement, I cannot answer your query suitably.

kumar t v s (advocate)     07 November 2011

You have stated that he has already sold the property and registered the deed. Now you can only sue him for damages.

 

Upon receiving a letter and email from the owner you should have filed a suit for specific performance and sought injunction restraining the vendor from selling.

 

The local lawyer has rightly adviced you.

Rajeev Kumar (Lawyer/Advocate)     07 November 2011

I agree with sridhar and kumar t v s

Mrinal (businessman)     08 November 2011

Dear Sridhar, Kumar, Rajeev,

I got the letter on 5th Nov which was a Saturday. I spoke to my lawyer on 7th Monday, but before we could do anything, I found out that the property was actually sold and registered to the 'other' party on Monday morning.

My lawyer now says I cannot do anything to get the flat. I am interested in getting the flat back  as I had paid a very small amount as earnest money. I have not encashed the cheque enclosed ( the earnest money) as his letter does not mention it.

Can you please advice? I am very stressed. Many thanks to all fo you.

Mrinal (businessman)     14 November 2011

Please can someone advice if email is a valid mode of communicatio for cancelling agreement of sale?

Many thanks

Advocate Vishnu (Advocate)     14 November 2011

Dear Mrimal,

An e-mail is now a recognised method for entering and ending contracts as specified by sections 11 of Information technology act of 2000.


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