Can I cancel the Agreement To Sell if there is a breach of terms of the Agreement by the Buyer?
Aug 29, 2025
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Property Law
► I, the Seller, entered into an Agreement To Sell with a buyer for sale of my immovable property and received advance money 40L. As per the clause in the agreement, "the seller shall execute the Sale Agreement either in the name of the buyer or his nominee"
Now the buyer says the Sale Agreement be entered with a third party and asking me to sign a fresh Agreement to Sell with the third party, as the advance money has been paid by the third party. The Sale Agreement is to be executed by 4th Sep.2025. In other words, the first buyer is a proxy-buyer (a real estate broker) who has closed the deal with an Agreement To Sell entered in his name. Now, he's bringing another person telling that the third party is the real buyer.
Can I cancel the deal and refund the advance paid by the buyer as he has breached the terms of the Agreement to Sell.
There is a clause in the agreement that in the event of either party fails to execute the Sale Agreement, the aggrieved party can take necessary legal recourse.
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