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Shilpa Sadhwani   05 December 2022

Tri- party agreement

Hi Experts,

If builder delayed in possession but after got occupancy certificate builder sent many reminders to buyer for registration and clearing the outstanding payment. But buyer not responding then finally after 3 years builder sent a pre-termination letter to buyer and  sent termination letter and wait for 30 days for buyer response but buyer not come and replied then builder open an unit/flat for sell and then new buyer come to know previous buyer already took a loan from bank then who is a owner of flat. Encompassed certificate is in builder name. Now, who is reponsible for return the money back to bank if builder is responsible to give back money to bank then when will builder give back to bank before signing the sale deed from new buyer or after that. If builder will not give back money to bank then what dispute will happen then new buyer will also suffer.



Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     05 December 2022

Hello, 

Here new buyer will suffer. He should have been diligent before buying a flat. This can be termed as a fraud transaction. Bank will try to recover the money. 


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