Issues with refund of Earnest money
Querist :
Anonymous
(Querist) 12 July 2011
This query is : Open
Hi,
Request help in understanding legal clauses under situations as under between a buyer and seller.
1. Can seller impose delay penalty on consumer even though consumer is ready to make a payment but consumer is unable to do so due to lack of clarity on total outflow and available calculation?
2. In presence of early payment rebate clause, the date from which the rebate should be calculated should be the date from which the consumer intends to pay or the actual date on which the payment is made which could have been delayed due to seller not responding on time?
3. Can seller ask to make a lumpsum payment without providing exact breakup of the total outflow to the consumer?
4. In case customer doesnot agree to such claim by builder and raises a dispute, can seller further start imposing delay penalty on the consumer and demand the same?
5. Can the earnest money amount be forfeited by seller in case their is descrepancy observed due to above scenarios in the total outflow calculation provided by seller and deal is told to be cancelled by the consumer to the seller especially when an agreement is not even signed and the application under which the earnest money is paid doesnot have any explicit clause for a situation wherein their is a dispute due to which consumer wants to exit the deal?
6. Can seller be asked to pay for damages and harassment in such a case?
Appreciate the help in providing a response.
Many Thanks
