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satish   11 July 2015

Validity of sale agreement

Dear experts,

In 2014, I had made a sale agreement to purpase a flat from the owner and as per agreement I have paid 8 lac to the owner. but later I decided not to go ahead with the property as it was not conveient to commute to my work place. I live in Bangalore.

I had convey my concern to owner and he agreed to return my advance, but just in case if he not giving my money , Do I have any legal rights to claim my money? 

Date of agreement around Feb 2014. Let me know please?



Learning

 3 Replies

saravanan s (legal advisor)     11 July 2015

yes you can file a case for suit of specific performance and you will get the advance amount minus specified percentage in the advance amount for withdrawing from the agreement

Advocate Ravinder (Advocate/Attorney)     12 July 2015

I have to see the clauses of the Agreement.  In general, you are entitled for the advance, but some amount you have to lose as per forfieture clause.  Kindly send scanned copy of the agreement to my email id.  ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate)     15 July 2015

The terms and conditions of the sale agreement will rule the rue.  One has to see the clauses for cancellation of the sale agreement and deductions therein form either side.  Show the agreement papers to a local lawyer and get his opinion properly before proceeding. 


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