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Peter (XYZ)     18 February 2015

Agreement to sell

I'm the buyer/vendee of a property in Greater Noida and I signed the Agreement to Sell with the seller.

In that agreement I have the following clauses:

 

That the remaining balance amount shall be paid by the Vendee to the Vendor within 60 days from the date of this agreement or at the time of execution of final transfer, whichever is earlier.

 

That if the Vendee fails to get documents transferred in his/her nominees favour within the stipulated period after payment of remaining balance amount aforesaid in that case the Vendor will forfeit the money paid and this agreement will stand as cancelled.

 

Due to some unforseen circumstances, I could not pay the seller the balance amount in the stipulated time. I'm requesting seller to extend the payment deadline by 2 weeks. But the seller is refusing to do so, and is refusing to even meet me.

 

He says that the 9 lakh rupees that I have paid in advance is now forfeited and I can not get it back.

 

I do not want to forfeit the transaction - only extend payment date by 2 weeks.

 

Is there any way I can get the advance back. 



Learning

 3 Replies

Subash M R (Advocate)     18 February 2015

Vendor's right to forfeit the advance amount paid under the agreement to sell is not an absolute right and thus he can not forfeit the entire advance amount as a legal right,even though he forfeited,it is nothing but unjust enrichment on the part of the vendor.

Thanking you, 

Peter (XYZ)     18 February 2015

Thank you for your reply.

 

Kindly suggest what line of action could I take against the vendor in my case.

Peter (XYZ)     20 February 2015

I filed a complaint with police against the vendor.

 

I hope this is the correct way to move forward.


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