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UThank you for the sanity check.
Honestly I have been swinging back and forth between pursuing this or letting it go.
I was/am willing to let it go as a bad luck tax but at the same time the seller’s behavior towards me and my dad was extremely rude and uncalled for. This was despite us offering above mkt, and also helping him out w his due diligence through out the process, so that the deal can be transparent and smooth for both parties. Post that it was constant harassment by him, not picking up our calls, the TDS issue etc
Infact when he agreed to the deal, there was another property we were considering that we let go. So the opportunity cost also factors in.
Dealing with him has been a complete nightmare
UThank you for the guidance. Really appreciate it.Approx 1.2L is the total loss we have faced, that includes the token, lawyer, CA, bank charges
And no broker is involved in this deal
UNo, agreement to sale wasnt done. But other formalities like loan sanction were. He backed out of the deal the day we paid the lawyer for the sameI do not have a copy of his passport but have other documents. I also do not have his foreign address, except for the city and state he lives in.
I have his indian ID and other indian addresses of his.UHe is not willing to return our money anymore, nor is he replying to us. Instead he threatened us with harassmentUNo it wasn’t published in the newspaperAnd the TDS component was also discussed beforehand.
It was only while the deal was in the advanced stages, that he started to pressure us to not deposit TDS and instead give him that amount in cash. When we declined he cancelled the deal and later on stopped replying to us.UCould you expand on the complaint case part? Like a police report?And in regards to evidence we have corresponded over whatsapp and have the following:
1. record of him agreeing to the deal and the price. Also messages of us explaining the payment terms and him agreeing to it2. Records of bank transfer of the earnest money to him (also mentioned the ‘Token money for *** property sale’ in the remarks column of the NEFT)
3. records of and copies of the documents he sent us for preparing sale agreement (Property paper, building share certificate, Power of Attorney, PAN and Adhaar)
4. receipt of payment to lawyer for sale agreement
5. Loan Sanction letter from bank that we obtained by submitting document of the said property
6. Records of him asking us for help with figuring out his tax liability, and help with setting up a Capital Gains Saving Amount for amount received from property sale
UYes it’s a bit of both
Earnest money is nominal. But associated expenses like lawyer fees, CA fees, fees for loan processing have added up
And we also spent considerable time helping the seller out w his tax liability due diligence, as a goodwill gestureUCould you give me pointers on what lawyer to look for? Any area of specialty I should be looking at?UCould you give me pointers on what lawyer to look for? Any area of specialty I should be looking at?UThank you for the reply
I will discuss this with the lawyer
Just worried about legal fees and this case endlessly dragging onUWe didn’t get to signing an MoU but we have proof of agreement to the deal
Along with back and forth communication where he sent us his property document, building share certificate, Adhaar and PAN card etc so we could apply for a home loan and create a sale agreement, after we sent him the token
So with this proof will such a suit go through?USo there’s no legal recourse for us to get out money back?
Honestly, I myself am wary of taking on all this legal hassle. But it feels unfair that we are being cheated out of our money over no fault of ours.Also our lawyer’s suggesting appealing for an injunction on the sale of the property. Im not sure if that has any legal standing.
