Legal Question in Civil Rights Law in India
token amount received in the form of cheque but we did not use that,no agreement, now we want to give it back to the buyer as we have better offer
4 Answers from Attorneys
You can, since there is no agreement.
You can do this and the buyer would not be able to do anything against you............Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.
08.02.2013
Dear Sir / Madam,
(Dattatreya Colony / Gudimalkapur / Humayunnagar / Mehdipatnam, Hyderabad, Andhra Pradesh)
Encashment of token money signifies acceptance of contract and entitles both, the purchaser and the seller to pursue performance thereon. In the event the purchaser chose to rescind the contract, as the seller you would have been entitled to persue performance on the contract or be entitled to compensation by forfeiting the token money. In the same manner, since you are keen to rescind the contract, it is at the purchasers behest whether he chooses to pursue performance on the contract or seek adequate compensation from you to rescind the contract.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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