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Rax (none)     15 June 2014

Sold house but buyer refusing to make a payment

Hello, My father sold a house and buyer made a 50% payment for it.  Other 50% he was to pay from loan he was to get from bank.  My father said that since he was getting loan, the check from bank will come on my father's name directly.  Meanwhile he went ahead and did a Dastavej for a house just a week back.  Now buyer has received a loan check from bank to make a payment for house, however he is not handing check to my father.

We don't know what his intentions are but he is just avoiding to give check by making excuses such as its with his son and he is out come later, and later again he makes up something.  What can we do now?  Can we cancel dastavej?  or Can we go to bank and tell them that check that was issued for loan payment is not being handed to us?

 

Thanks.



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     15 June 2014

Issue a legal notice to buyer and demand balance payment towards sale agreement.  Ask him to make payment within 7 days of receipt of notice else agreement will be cancelled and advance paid amount will be forfeited.

Laxmi Kant Joshi (Advocate )     15 June 2014

immediately issue a legal notice to him regarding balance amount of the sale deed inform him accordingly if he failed to make payment within 10 days after receiving this notice then his advance payment will be forfeitted and the sale deed will be treated as cancelled.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 June 2014

Agreement to sale is a contract. When an individual or business breaches a contract, the other party to the agreement is entitled to relief (or a "remedy") under the law. The main remedies for a breach of contract are (1) damages, (2) specific performance, (3) or cancellation and restitution. 

Rax (none)     15 June 2014

Thank you for reply.  But Dastavej was done a week back, does it matter? or we can still cancel everything?  We still do have right over it?

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     16 June 2014

What is dastavej, whether it is sale agreement or sale deed?, even if it is sale deed, if full payment has not been made, you can issue a legal notice demanding balance of sale consideration amount and proceed with cancellation of sale deed in case he fails to comply with the demands made, consult a local lawyer and proceed as per his advise.


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