Legal Question in Real Estate Law in India
Sir, I am a buyer and entered into an unregistered sale agreement with the seller for a period of 3 months which ended on 30th Oct. I received a letter and an email from him on 5th Nov cancelling the agreement and returning my earnest money, because I could not pay the balance within the time. But he did not show the banl valuers his property despite various phone calls. Now he says that because the agreement does not mention anything about bank loan, he is not liable for that. Further to my frustation I have found out that today he sold the property to someone who had the money ready and that other man is the now new owner. Can I sue the seller for specific performance?
1 Answer from Attorneys
Not in the given situation unless there is more to the facts you mentioned. An appropriate opinion may depend upon perusal of the agreement under which you are wanting to claim specific performance.
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