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Abhishek (PM)     19 January 2012

Property reselling issue

 

First of all I appreciate that your team is running such a good forum and giving us all good suggestions.
 
I need one advice from you regarding a resale of my flat, the detail of my problem is below.
 
I brought on Flat in pre launch last year which is sector 137….last week I try to resale this flat in good premium…One real estate agent contacted me and assured me that he has a client for my 2BHK Unit ….I gave him my price and very next day he contacted me for client meeting, I went to the Real Estate Agent office with all my property documents….
 
Agent introduced me with the buyer and after some negotiations the deal happened. But still I was not very interested in this deal as I was getting the good comfort level. I clearly told the Buyer and the Agent that I am not very interested selling my 137 Sector 2 BHK Property as my another property which is in Ghaziabad will get sold in a day or two.
 
I refused to take the Token Money in cash which the Buyer is giving me but he insisted very much and gave me the Cheque of rupees One Lakh. After taking the Cheque I gave the Agent the Photo Copy of the Allotment Letter of my Flat…..also to inform you that my flat is having loan with HDFC Back so, all the original papers is with the Bank.
 
With photocopy I also asked that Agent that we should give the buyer the receiving of the Cheque, we all agreed and Agent took the photocopy of the check and I gave the receiving to the buyer on 15th Jan that “Received cheque of rupees one lakh. But sell of Paras tierea Builder 2 BHK +Study confirmation is due by 16/10/2012 – 6 PM.” After putting this comment I signed it…
 
On 16th I confirmed by calling to the agent that I am ready to sell my Flat and told him that we have to do the agreement on 17th Jan….Now the Agent started hesitating by saying that the Buyer is out of town and he will be back by 18th, I said ok let’s do the agreement on 18th. Till 18th I hold the cheque and did not deposited it in the bank for clearance…I again called the Agent for agreement, he said that Buyer is still out station….then I thought to search for the Buyer with his name and the profile which he told me…I found that the Buyer is the Owner of the Real Estate company with which I was dealing with…….
 
Immediately I went to the Agents office and ask him where is the Buyer, he again told me that he is out….I told him he is the Owner of this Real estate company………..this was shocking news to the Agent and he asked how did I know this, then Agent told me the Owner who was a Buyer is in Noida.
 
After getting confirmation of the buyer, I asked him to take back the cheque and give me back the photocopy of the Allotment letter and Original receiving of One lakh Token money which…..agent told me that he is not having it, as its with the owner means buyer…I said ok then give me back the receiving on the Photocopy of the receiving which I have it by mentioning “Cheque received Back for 1 lakh against Paras Tierea”
 
As I have not enchased his cheque and returned him back with receiving…And he is having my Photocopy of the Allotment Letter and my original hand written receiving on the photocopy print of the One lakh Cheque…….
 
SO WILL IT MAKE ANY LEGAL PROBLEM TO ME IN FUTURE IF I AGAIN SELL OFF MY FLAT TO A GOOD BUYER. AS THIS AGENT IS HAVING my Photocopy of the Allotment Letter and my original hand written receiving on the photocopy print of the One lakh Cheque…….

Pls it’s a request to you to reply me back…..


Learning

 2 Replies

Rohit (Attorney)     19 January 2012

Just do one thing, write one letter to the real estate agent address and the owner in this respect via SPAD/RPAD only and dont worry.

 

1 Like

Abhishek (PM)     19 January 2012

Sir waht is SPAD/RPAD...and who can assist me in this regard...


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