This is my response to you:

1. Does the agreement mention 45 days?

2. Did you make any exemption in the 45 days, example like 45 days excluding holidays and sundays;
3. You must send the legal notice;
4. If he is not willing to pay the rest of the amount then you can claim compensation;
5. You can file a suit for specific performance of the contract;
6. You can also file for compensation for the physical, mental and monetary loss suffered by you.

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 Buyer not honoured the Agreement of Sale

Dear Advocates,

We have entered into an agreement of sale with a party on 5th of April 2018, to sell my house within 45 days
of time. May 19th which is 45th day of the agreement, the buyer has not paid the amount in full. I am still yet
to receive an amount. Out of 42 lakhs which was agreed to be paid as on 19th May 2018, the buyer had given
me 3 lakhs on 5th of April( 1st day of agreement), 4 lakhs on 8th of May(34th day of agreement) and
15,32,000 on 18th of May( 44th day of the agreement) at 9.30 p.m. Can I still go ahead and sell the flat to him,
since bank has approved his loan. Can I claim any compensation form the buyer as they have not adhered to
the contract. If I can Claim how do i do it and close the registration, as I have committment on the other side.
Asked 4 years ago in Property Law

Religion: Hindu

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17 Answers
he has not paid me the entire amount as a part of the agreement. As on 45th day which is yesterday he only
paid me 22 lakhs odd.
Asked 4 years ago

You can go ahead and sell flat to him if he is willing to make balance payment
2) there must be clause in contract that in case buyer fails to pay balance amount agreement stands terminated
3) you can cancel agreement and refund money received by you or extend time fir making payment by mutual
consent
4) seek compensation for delay in making payment
Ajay Sethi
Advocate, Mumbai

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Extend time for making payment by mutual consent or cancel agreement

Ajay Sethi
Advocate, Mumbai

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Dear Sir,
You can claim damages for not paying the amount within stipulated period. Get issue a legal notice and ask
him to get register the property within 15 days failing which entire his amount to you will be forfeited and you
sell the same to some other person. FOR LEGAL NOTICE CONTACT ME. FOLLOWING THE SC
JUDGMENT
==============================================================================
=========
FORFEITURE OF ADVANCE AMOUNT LEGAL SC
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7588 OF 2012
[Arising out of SLP (Civil) No. 4605 of 2012]
Satish Batra .. Appellant Versus Sudhir Rawal .. Respondent
J U D G M E N T K. S. Radhakrishnan, J. 1.
1.Leave granted.
2. The question that has come up for consideration in this appeal is whether the seller is entitled to forfeit the
earnest money deposit where the sale of an immovable property falls through by reason of the fault or failure
of the purchaser.
19. We are, therefore, of the view that the seller was justified in forfeiting the amount of Rs.7,00,000/- as per
the relevant clause, since the earnest money was primarily a security for the due performance of the agreement
and, consequently, the seller is entitled to forfeit the entire deposit.

Kishan Dutt Kalaskar

Advocate, Bangalore

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This is my response to you:

1. Does the agreement mention 45 days?
2. Did you make any exemption in the 45 days, example like 45 days excluding holidays and sundays;
3. You must send the legal notice;
4. If he is not willing to pay the rest of the amount then you can claim compensation;
5. You can file a suit for specific performance of the contract;
6. You can also file for compensation for the physical, mental and monetary loss suffered by you.
Gowaal Padavi
Advocate, Mumbai

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See the compensation, if at all, will come at cost. If you are keen to get a compensation you may drag the other
party to litigation by sending a legal notice in complaince of the terms of the contract.
All legal action can only be taken once notice has been served upon the entity or individual you wish to take to
court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal
notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party
of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention
prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice
served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful
discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the
court proceedings after a particular interval, as stated by the law. Although a legal notice can service as a
purpose of negotiations between the parties and save time, effort and money that are usually spent in court
cases.