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akk (na)     26 September 2011

Cancellation of agreement

I am in agreement with one builder to purchase a flat. i have paid some amount as deposit,  in the loan proceedings bank has rejected by loan application becuase of some technical issue related with the property.  now i want to cancel the agreement and get my money back.  how i need to proceed for this?



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 3 Replies

SALA SATEESH (lawyer)     26 September 2011

Dear Sir,

before going head with the options;

whether the agreement executed is registered or not. the terms will regulate the further course of action.

 is there any termination clause for terminating the agreement, if yes what  are the wordings, if not, In the process of cancellation basing on you allegation, needs to substantiated with the evidence.

the intention in cancellation of agreement should result in way of refunding the amounts as were given.

better to approach the advocate with all the documents and apprioprately issue the legal notice followed with recovery of amount.

accordinly follow with up due process of law .

 

Regards,

S.Sateesh

akk (na)     26 September 2011

thanks for the reply, here are some more facts:

1. Agreement is not registered 2. there are no termination clauses mentioned in the agreement.

as an evidence for my allegation, i have letter from bank stating that there are technical issue with the property hence can not proceed with my loan

how my approach should be now?

Thanks in advance

SAA_Bombay (Pro)     03 October 2011

In absence of any termination clause,  you have to settle the case on table with builder. Make sure, any correspondence with builder is in writting duly acknowledged. You have to act very tactfully. Meet the builder & try to explain him, I had same problem few years back, builder kept hold my money till he got new buyer for same flat. hence, advice to take money in friendly manner then too showing some kind of force.   


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