Agreement of Sale - Breach of Trust by Seller Agreement of Sale - Breach of Trust by Seller

3 years ago

Seller initially signed one page hand written agreement with 3 months validity. Subsequently he brought one more agreement for bank loan purpose which I have blindly signed without reading line by line as I knew buyer for more than 3 years. He didn't share me the copy. Recently I got it directly from bank and I was shocked to read below clauses which are contradictory and also 3rd para below is not clear to me.

One Place of agreement :
IN PURSUANCL, of the above offer and acceptance, me total sale consideraUon of Rs.90,00,000/-(Rupees Ninety Laktvs only) the VENDORS have recea"Yd the total sale consideration of the schedule property from the VENDEES, and the VENDORS does hereby acknowledge the receipt of the said sum and the Vendors have deltvered the peaceful physical possession of the schedule property to the Vendee bereft'.

Other place it says :
THAT the VENDORS have agreed to deliver the vacant land and peaceful physical possession of the Schedule mentioned property to the VENDEES at the time of balance payment at the time of registration.

3rd clause :
THAT if any complication dispute raised by anybody at any stage due to defective title of the Vendor, the above said VENDORS will clear such dispute with their own expenses and expenditures without fail. In case any loss damage caused to the VENDEES due to defective title of the Vendor, it shall be recover from the VENDORS in person and properties.

In our state, Govt has banned registrations from 7th Sept and insisting Layout Regularization to be obtained for any property registration. Seller took advantage of it and insisting me to pay this addl. cost of nearly 10.00 lacs and finish registration. But he dragged the proceedings initial two months as there was no such bank in 2 months period. Is the Govt. ban and insisting for some regularization after we entered into agreement falls under dispute of title?

Now when I said that we can cancel deal and I am ready to refund his 100% advance money, he is neither accepting to cancel the deal nor willing to take back his money. Now he is demanding to pay him double the advance money he paid to me if I cancel the agreement of sale.

Kindly suggest the best possible remedies for me as I have been torturing by this fraud buyer. Though I tried to send a legal notice for cancellation, this agreement doesn't have end date and if he also reciprocates legally matter moves to court and it will take lot of time for settlement.

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
According to the facts stated by you, you an file a suit against the other party for not specifying all the terms of the contract
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
According to the facts of the case cited by you, you can file a suit against the buyer for not specifying all the details of the contract.
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Ved's Anjinachari HANUMAN LAW ASSOCIATES

Responded 3 years ago

A.You should take criminal & civil both, must be lodge the complaint he made contract without your knowledge means fraudulent case along with file for compensation for mental harassment and fraud charges against him.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
If there is breach of contract you may approach civil Court for appropriate remedy.

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Vidhi Samaadhaan Vidhi Samaadhaan

DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
You can process the legal steps against him, first issue a legal notice then file a petition in the court praying the court for positive direction
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