Pradeep Desai (Design Engineer) 22 March 2012

Amount paid to seller before agreement ( resale flat )

Dear Sir,

I am purchasing resale flat by seller through agent. I had paid to 3.5 lakhs till date by cheques. We had made MOU dated 25-Jan-2012, In that we had mentioned only 50,000 Rs and 45 days in MOU for compition of all procedure. After 2 week of MOU, seller ask me for money for solve his problem so I agree and paid him 3 lakhs by cheques. Our agent made payment receipt for 3 lakhs but seller mentioned on receipt non refundable refer attached document. Now almost 3 months are gone ( 90 days ) beyond MOU limit our agreement is not over because he can't cancel his privous agreemtent with another buyer. If I don't want to do agreemt with seller then I will get my money back or not. Please advice.

Thanking You

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3 Replies

(Guest)

In my opinion, MOU is an executory contract. An agreement to enter into an Agreement cannot be specifically performed. However, based on the receipt (all dated same) for different amount signed by the Seller can be put to test by filing suit for specific performance.

Ibrahim Deshmukh (Legal Consultancy) 16 May 2012

Dear Mr Desai

Since you mentioned the Receipts were signed by Agent and only wordings "non-refundable" were written on the receipt by the Seller, It is equally important to know If the checks were drawn in the name of Seller or in the name of Agent?

Further if the Agent was in any way authorised by the Seller to deal with his property? If any mention of Agent in the MOU ?

Ibrahim Deshmukh
Legal Consultant
www.law-india.com

Keith (Master) 10 April 2014

Sir,

Request for advise. I am in the process of selling my flat and will get into an agreement to sell with the buyer. My question is

1. Since the buyer is paying only part of the cash amount and a bit in cheque could the balance cash and cheque be mentioned on the agreement to sell.

2. At the time of making the sale deed would the agreement to sell be attached as the cash part would also be mentioned , hence income tax issues.

3. Any option wherein I could make sure the seller legally commit to paying me the balance cash part at the time of the sale deed along with the cheque amount.

4. Any other option ?

Pls advise.