This is one of the biggest flaws in the real estate transaction. This gap is exploited, depending on the situation, by both the buyer and the seller. The most common scenario is that after signing the sales contract, the buyer insures credits, either through a housing construction loan or from his own sources. The expiry date of the sales contract is not mentioned intentionally, so the buyer receives indefinitely to arrange the assets. In some cases, I have found that a certificate of sale is not executed after 2 years from the date of the sales contract. Legally, the sales contract is valid and enforceable if the conditions of expiry are not mentioned. The sales contract should clearly highlight the conditions under which the sales contract expires. Normally, a period of 30-45 days is given to the buyer to arrange funds, otherwise the seller can cancel the advance paid. As the buyer has not made any effort to purchase the property within the time limit set in the sales contract, this can be used to defend your interests. 4.
You cannot sign the deed of sale and not register it. An unreged sales document is waste paper. In any case, if the sales contract is considered valid, you cannot sell the property at a price higher than the price agreed in the sales contract. Send a response to his opinion that the sales contract has become void due to the time flow because he did not pay you the full sales contract within the agreed deadlines. It is recommended to send the above response through a lawyer. Therefore, you should go to a local lawyer. If the buyer concludes the seller`s home loan through his home loan or if a being is due even after the execution of the deed of sale. In such scenarios, you should clearly include in the deed of sale a clause stating that “the instrument of sale is NULL and NONIG if the balance due has not been received on or before a given date”. You can also make an affidavit from the buyer that the buyer owes the seller an amount X for the real estate transaction.
If there is no written agreement on the balance due, the seller must run after the buyer for the remaining payment. In some cases, the seller bears the risk of losing the balance. 3. If the seller is waiting for the loan to be released, it is good for you to continue the sale after the loan has been sanctioned. Firslty, it should be mentioned in the agreement only if the next payment is to be made. You should correctly respond to the notice he sent that he did not show up for the purchase of the property before the expiry of the contract of sale and that the contract has therefore been terminated. You must also repay the serious money you received after deduction of a certain amount for the non-performance of its part of the contract. Legal advice by lawyer who terminates the sales contract I have personally found that another major mistake is to require a real estate valuation corresponding to the projects under construction in the area.. .