Encumbrance issue found after signing sales agreement

5 years ago

Dear Sir/Madam,

We recently booked a plot for which in-order to keep up with the payment schedule we have paid almost 30% of the total plot cost and also have entered in to sales agreement.
It is only after signing the sales agreement we got to know from our lawyers that the property has cloud on title and hence they have advised me not to proceed with the property.
Please note, we could not complete the legal opinion before sale agreement because the promoter missed out important EC documents and we had to go back and forth which delayed the process of legal verification at your side.
We were been ALLTHROUGH told orally by sales team that if in case buyers lawyers find legal issues the entire amount would be refunded immediately.
But it is written in the sales agreement that the promoter will deduct 10% of the total cost as cancellation charges and does not have any clause on what happens if there are legal issues found by buyers lawyers.
Am i eligible to get 100% refund as per the oral promises made by the sales team ? Or am I bound by sales agreement even in the case that the legal verification at our side is on the negative ?
Could you please advise ? I need this information urgently.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Please get issue a legal notice an file complaint in Consumer Court.

For full procedure contact me on mobile through Vidhikarya.

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Rameshwar Dadhe

Responded 5 years ago

A.U will eligible for, , 20% amount. Because u paid 30% 10% charge will be deducting for sale deed cancellation charges

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Shreyash Mohta

Responded 5 years ago

A.Sir, as per your query, According to the sale agreement you will get the amount after the 10% deduction as mentioned in the sale agreement. [Cancelation charges]. As the sales team had told you everything orally, it is difficult to prove the same in a court because evidence will be a problem and proving the same glitch may or may not happen. However, if by anyway your lawyers can prove that why was there a delay in finding such legal issues & that you are a bonafide purchaser who did not know about these encumbrances and has paid 30% in good gesture, also as soon as you came to know about such a glitch you have informed the sellers and have taken steps against it. Based on the merit of your case and the evidences shown thereof You might get a 100% refund if the other party is found guilty.

However, presently you are bound by the sale agreement and will get a 10% deduction.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Mr. Vivek Pawanchand,
You will get 10 % less as per the sales agreement which will be deducted towards cancellation charges.
Shanti Ranjan Behera
Advocate

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Vivek Pawanchand

Replied 5 years ago

Dear Sir,

But time and again they have orally promised that in case there are legal issues they would refund the entire amount. Does this promise not have any validity ?

Thanks,
Saravanan.K

Shanti Ranjan Behera

Replied 5 years ago

Dear Sir,
There are two things.
One is fact and the other is law.
As per the agreement you are supposed to get back the amount after 10 % deduction.
The fact is they(?) told you to refund the amount ( 100%) in case there are legal issues.
At the stage if your Law Officers/Legal Consultant insist on the full refund,
and they pay as they said, you will be considered lucky.
That is all for the time being.
Shanti Ranjan Behera
Advocate

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