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.
Please get issue a legal notice an file complaint in Consumer Court.
For full procedure contact me on mobile through Vidhikarya.
Rameshwar Dadhe
Responded 5 years ago
Shreyash Mohta
Responded 5 years ago
However, presently you are bound by the sale agreement and will get a 10% deduction.
You will get 10 % less as per the sales agreement which will be deducted towards cancellation charges.
Shanti Ranjan Behera
Advocate