Seller Not Returning Advance Amount | Vkeel - Free Legal Advice

***********************N

Chennai

My father entered into a sale agreement (unregistered, with a clause "time is of essence"- 3 months, whoever goes back forfeits 10L) for a 2 Cr property and paid 50L advance. In the next visit, his wife showed an unconstructed inaccessible portion, "Not part of the approved plan" in the building which may incur repairs for 20L. A 50 sft portion behind an unreachable window covered by a screen, my father believed to be a normal window during his visit before signing the agreement. When we expressed our concern, the buyer said he will return 50L and requested for some time to sell to the next buyer, as he had spent our advance 50L. Considering his age(70yrs) we told him to return at the earliest. All this happened in 1 month. It has been 20 months. When we follow up, he gets rude saying he will give only 40L that too only when the house gets sold which he now priced at 3Cr and no commitment on time. I have my EMIs to pay and it is getting difficult. Please advise what legal options I have. Thank you.

Expert's Answers(5)

Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

why are you waiting since last 20 months? It's time to initiate the legal proceeding, 1. you can serve him a legal notice through a lawyer to make payment of the outstanding amount along with the interest, 2. if payment is not made despite service of the legal notice, you can file a civil suit for the recovery of the amount, 3. chat, call records, WhatsApp record, agreement, if relevant, can prove your case and are admissible as an evidence

August 17, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Yours is a case of mistrust and misrepresentation. The vendor has been misrepresenting you to usurp your money. You need to initiate the legal action immediately. Manage to send the legal notice demanding your full money back with interest costs and damages. If not resolved approach the court immediately because the clause you have mentioned may harm you, if delayed.. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

August 16, 2020
Advocate Satej C More
Mumbai, Maharashtra

17 Client Ratings

Need to send a legal notice, and if there is no response from the party then file a suit in consumer forum.

August 16, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

send a legal notice through advocate then you can file a case in the court

August 16, 2020
Advocate Srinivas G D
Bengaluru, Karnataka

19 Client Ratings

Mr.Naresh File a case before Consumer Forum for your Relief. Contact any Advocates in this Forum for your relief

August 16, 2020