Bharat Raj (Self Employed) 22 February 2016

Want to cancel sale agreement - i am the buyer

Hi Sirs,

I am in a deep trouble and i am being pestered by the realtor with who i have entered into an agreement to purchase a plot. The plot is in a Venture, i initially made a payment of 1Lac and 450 Rs at the time of agreement after two months i have made a payment of 1Lac and 50 thousands as an installment payment. Now i am not interested in this one as Vendor is not providing the complete layout (Vendor claiming that it is a Gram Panchayat layout) documents and pahanis of the survey numbers mentioned in the agreement and charging 200 percent for registration saying charges. I am completely upset with the way he spoken to me when i asked about the details of the land. I have made 250,000 (two lakh fifty thousand amount) till date and there are 7 more days left for the agreement of 90 days to finish.

I want to cancel this and want to get my money back. Please help me to get the out of this situation.

Yours sincerely,

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4 Replies

saravanan s (legal advisor) 22 February 2016

Send him a notice with acknowledgement that you would like to terminate the sale agreement along with the reasons for doing so and demand him to return the money as per the clause mentioned regarding cancellation in the agreement

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 22 February 2016

Sir,

I mean you can send him a legal notice and seek the clarifications for the same and even after the same he does not give the clarifications required, you can seek cancellation of the same.

Warm Regards

Kapil Chandna Advocate

9899011450

Aashish George (lawyer) 22 February 2016

Boy, Next time when you ask a query kindly provide the full details of the transaction, you should paste the entire agreement, we cannot guide you properly without reading the agreement. You can give him a notice but the terms of the agreement has to read 1st to issue appropriate notice. Regards Aashish George

Bharat Raj (Self Employed) 22 February 2016

Hi Sirs,

Thank you for your valuable suggestions. Let me list down what were the payment modes and agreement amount.

Total payable amount was 3,60,450/-

1) Agreement was made on 05 Dec 2015 for an amount of 100450/-.
The amount 100450 was paid by me on two dates for which the agreement was made on 05 Dec 2015
a) On 28 Nov 2015 for an amount of 4500/- (Receipts available for the amount from the Real estate company) and
b) On 05 Dec 2015 for an amount of 95950/- (Receipts available for the amount from the Real estate company)

The points mentioned in the agreement are "the buyer has to pay the remaing balance amount within the period of 90 days".

The balance left out them was 2,60,000/- of which the below payments were done by me on 17 Feb 2016.

2) On 17 Feb 2016, i have paid 1,50,000/-
a) 1,00,000/- amount towards the payment (Receipts available for the amount from the Real estate company)and
b) 50,000/- towards registration charges. (Receipts available for the amount from the Real estate company)
Totally i have paid the company 2,50,450/- till date.

Please see the registration charges he has taken for a value of 267000/- Market Value. He is deceving me by charging higher registration charges. When i asked about the same, he saying you know nothing, we have commitments and we have to manage people at REGISTRAR OFFICE and some extra charges will be there, why should we give you all the details. (These are the words by MD)

I lost trust in the person who is the MD of the company. And he also not giving the complete layout documents, pahanis and layout approval copy saying you will get all of them after registration only.

How can i proceed with deal. I really want to cancel this and get my amount 2,50,450/- back.

Please help me in this Sirs.