Learn about
Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

         
    



Please Wait ..


Discussion > Property Law > Breach of sale agreement   Unanswered Threads Post New Topic

Pages : 1


There are 3 Replies to this message


Amit Athalye


Deputy Manager
[ Scorecard : 28]
PRO CHAT CALL
Posted On 05 July 2012 at 12:33 Report Abuse

Respected sirs,

 

I enetered into an registered agreement to sell my flat with person "A" on 24th April, 2012. The time given to complete the transaction is 3 months which is 23rd July, 2012. Till today mr "A" has paid only 10% of the total consideration. What I would like to know is if  "A" fails to clear his outstanding amount by 23rd July,  will I be able to take any legal action against "A" on the accont of breach of contract? If so, please educate me on the same.

Our agreement does not have any "breach of contact" clauses mentioned on it.

 

Regards,

Amit



Sanyam Malhotra


Advocate
[ Scorecard : 279]
PRO CHAT CALL
Posted On 05 July 2012 at 13:49

if you wish to continue with the sale transaction you demand specific performance of agreement to sell if A does not fulfil his part of the bargain. or in the alternative you could also forfeit the 10% amount paid by him and thereafter find a new buyer. 

meanwhile send him a notice asking for payment of balance consideration on or before the final date fixed


Adv. Bharat Chugh


Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10327]
PRO CHAT CALL
Posted On 05 July 2012 at 14:07

Dear Mr.Amit, 

In that case you would be in a postition to appropriate a reasonable amount of earnest (10 %) as liquidated damages caused due to breach of contract by the other party. Once he defaults - on the very next day serve him with a legal notice rescinding the contract. 

 

Feel free to talk !



Total thanks : 2 times

Advocate Rohit Dalmia


Lawyer
[ Scorecard : 546]
PRO CHAT CALL
Posted On 07 July 2012 at 13:31

since time is the essence of the contract. therefore if Mr. A fails to pay your entire sum on or before 23rd july, 2012 you have a right to cancel the agreement and find a new buyer. but needs to check the terms of the agreement relate to the forfeiture clause.

First you have to send him a reminder asking for the balance payment. kindly send the same through the lawyer.

Incas,erequire any legal assitance you may call on 9324538481



Total thanks : 1 times




Previous Thread
Previous
Next Thread
Next


Related Threads


Post your reply for Breach of sale agreement



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats