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Bala (IT Engineer)     14 May 2012

Selling a flat- clause to add -

i decided to sell my flat in chennai. for 30 laksh

so  in september 2011, we got a token advance..and then in november  2011, we got 5 lakhs, and buyer want to get into a agreement that the remaining balance will be paid in 60 days/2months and also the buyer mentioned that the apartment should not be rented out during this period or at time of giving possesionn to him.

now, to be safe on my side.what are things i should consider.
things like
1'.in case if it takes more than 60 days for him to settle me the balance, how shoud i assess the penalt  before giving back his advnace to him.should i assess it in the form of rent ( which is 10k per month) for these months..includign the 60 day period.

2. what is the reasonabl price to charge as penalty. or am i legally entited to keep the 5 laksh with me.?

3. can i increase the property rate after the 60 day period ? just wanted to know the list of thing i should include in the agreement.

--
is the below clause correct? for me to add


If the settlment is not made within the 60 day period, the owner has the right to rent out the flat, increase the price based on the market price at that time, or assess a penalty equivalent to a monthly rent of 10k per month starting from 1st of October 2011.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 May 2012

Get it drafted by a legal consultant instead of deliberating on individual clauses. Understand the seriousness of it and the implications that may follow. It is the job of an expert. 

Tripti Nagwekar (Owner)     15 May 2012

Bala,

You please put the clause of forfeiture of token money and Rs.5 lacs instead of renting out clause if balance money is not paid withing 60 days.


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