Sumit (Business) 15 July 2009

Property Buy

Hello Dear Lawyers,

I had shortlisted a property and agreed on the purchase amount with the owner of flat. He is an NRI. After 3 months of struggle on finalizing the Assignment deed and Sale agreement and Power of Atorney Papers now the Owner has come back and said that he has got a better offer for the flat and he would like to withdraw from the deal. I am left in no mans land now since i lost other good deals because of this deal and wasted my time for 3 months to finalize the papers. In this kind of scenario, is there any way i can stop the owner from selling this flat to any other person by may be a stay order or any other thing by which this person learns a lesson for future. Unfortunately i have spent lakhs on buying furniture for the flat because of owners assurance that he is not going to backout from the deal. This is ready to move flat where owner is agreement holder with the builder and the flat is not registered.

Your help will be highly appreciated.

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6 Replies

A V Vishal (Advocate) 15 July 2009

Sumit

It is unclear from the query whether you have entered into a sale agreement with the owner, what were the terms of the agreement. You can file a suit of specific performance against the owner to register the flat in your name, however, there is a hitch that the owner has not registered the flat in his name from the builder, this aspect has to be taken care of. Further, you can claim damages from the owner for the delay in registering the property unto you and breach of contract.

Sumit (Business) 16 July 2009

Hello Vishal,

Thank you for your prompt reply and help. Unfortunately, my only problem is that none of the papers are yet signed. We just finished the draft of the papers and content and we were now going to sign them. If the papers were signed between us then i would have not spared him. I need help and suggestions to tackle this issue since i doint have the papers signed. But i have numerous mails and phone details that we agreed on the sale agreement and we were in process of taking that flat.

Any suggestions is greatly appreciated.

A V Vishal (Advocate) 16 July 2009

Sumit

In case the agreements are not signed then not much can be done, however, in case of oral agreement did you pay any advance and have receipt for the same.

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Sumit (Business) 16 July 2009

Hello Vishal,

Thanks. No i have not paid him any advance nor have any receipt. I may not like to buy this flat now but as per him he has got a buyer who is paying him more than me. If i can bring stay to this flat, i m sure that buyer will no longer take it. I just want to make him understand that whatever he did was inhuman.

A V Vishal (Advocate) 16 July 2009

Sumit Had you paid an advance and it was an oral agreement, probably you had a case to fight, undoubtedly whatever the vendor has done is not right, I suggest you to not proceed further in the matter, since you will be wasting time, money and energy fighting unworthy people. Leave behind the past and move forward with a conviction that whatever has happened is good for you.

Sumit (Business) 16 July 2009

Hello Vishal,

Thanks for your suggestions. I knew that i dont have a case to fight but i was seeking guidance to see maybe you experts have anything in books. As i said earlier, i m not interested in buying that flat now but i wanted to teach him a lesson. Anyways, sinc its not possible, i will have to move on in life.

Thanks again for your suggestions and great advise.

Regards

Sumit