Property Issue buyer not paying the amount

2 years ago

My father owns a property (land) at our native place, but we have not been residing there for a long time. An year before we were trying to sell the property to a genuine buyer. The son of previous owner of the land misled the buyer that there are no roads connected to the plot although it was clearly mentioned in the agreement that the space for road would be provided. After a while, the son himself offered to buy the land and pitched a price much lower than the market price. Since we did not want any unnecessary disputes. But now the person is delaying the payment months after months and not taking up any calls. Please guide how to get this issue resolved as early as possible.

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Sidhaarth

Responded 2 years ago

A.Subject to the term of agreement you can terminate the agreement to sale and if agreement permit then you can also forfeit the paid amount. Details of agrrement is required to be examined to suggest remedy.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
There are two things that must be addressed. One, it is not unlawful if the agreement and contract are already in place at a lower price than the market price. Second, if the buyer fails to pay the consideration, you should be watchful and issue a legal notice as soon as possible, since there is always the chance of the limitation period being extended.
Thank you very much.

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Anik

Responded 2 years ago

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A.Hi,
Two things have to be taken care of. One that if the agreement and contract is already made for consideration below the market price, then it is not illegal. Second, that if the buyer is not paying the consideration then you should be vigilant and send a legal notice as soon as possible because there is always a possibility of getting past the limitation period.
Thank you.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to scrutinize that Sale Agreement by and between that buyer and your father for the terms and conditions as well as the default clauses mutually agreed by and between the Parties . To give opinion it is necessary to know what was the time period for completion of registration and what amount of sale consideration was paid as well as all other clauses relevant for performance of contractual obligation of the Seller and the prospective buyer.

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.First you did mistake to sell it to a cheater and fraud.
So after that you expected that fraud to be proper to you just because you agreed to sell because of his frauds.
so dot you think that he will go further with his frauds ?

send legal notice first so he understand that you are not stupid and fool and have backing of lawyer.
based on reply, you can proceed further.

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