I wanted to sell my property in Gurgaon and for that I came in touch with a realty firm. I signed an exclusive right to sell agreement with the realty firm which is valid for a period of 180 days.
The problem is that when I entered into an agreement with them, I had a tenant on my premises and both of us (the realty firm and myself) agreed to create a clause in which it is mentioned that the listing of the property will begin after the completion of legal formalities of eviction of tenants. I already had the court decree in which it had ordered the tenant to vacate the premises within 2 months but the tenant did not vacate the premises. After that it took another 3-4 months to successfully evict the tenant through court with the help of bailiff.
Now the main problem is that the realty firm hasn't been able to find any prospective buyer for my land and its been more than 6 months since we had entered into this agreement. In the agreement it is mentioned that I need to pay the realty firm their required commission if a transfer of property takes place during this period of 180 days even if I deal with some other agent.
I still have more than 5 months pending with the agreement if we consider the actual date of eviction of the tenant but actually they have been working on it for more than 6 months without any success. They are not even ready to cancel the agreement.
Now I thought about one thing - If I deal through some other broker and show them that I have sold my land along with the tenant as if the listing never came into existence. Just to remind you that it is mentioned in the agreement that the listing will come into force once the legal formalities of eviction have been carried out.
Is it right to do so? I need your advice. Please guide me through this difficult time.
