Hello. I had a question regarding written contract clause.
A buyer and a seller enter into a contract to sell a plot of land. The contract states, among other things, that in case the buyer fails to pay the rest of the money before registration of the sale deed, then he shall forfeit the advance amount paid. However, the seller verbally states that even though the clause states so, in case the buyer fails to pay the rest of the money and is unable to complete the sale, he won't keep the advance amount with himself but return it to the buyer.
The seller said so in presence of witnesses, so my question is, in case the contract becomes a part of a civil suit, will the buyer be allowed to use the verbal assurance that his advance money won't be forfeited as evidence to seek his advance money back?
