Agreement of Sale - Breach of Trust by Seller
Seller initially signed one page hand written agreement with 3 months validity. Subsequently he brought one more agreement for bank loan purpose which I have blindly signed without reading line by line as I knew buyer for more than 3 years. He didn't share me the copy. Recently I got it directly from bank and I was shocked to read below clauses which are contradictory and also 3rd para below is not clear to me.
One Place of agreement :
IN PURSUANCL, of the above offer and acceptance, me total sale consideraUon of Rs.90,00,000/-(Rupees Ninety Laktvs only) the VENDORS have recea"Yd the total sale consideration of the schedule property from the VENDEES, and the VENDORS does hereby acknowledge the receipt of the said sum and the Vendors have deltvered the peaceful physical possession of the schedule property to the Vendee bereft'.
Other place it says :
THAT the VENDORS have agreed to deliver the vacant land and peaceful physical possession of the Schedule mentioned property to the VENDEES at the time of balance payment at the time of registration.
3rd clause :
THAT if any complication dispute raised by anybody at any stage due to defective title of the Vendor, the above said VENDORS will clear such dispute with their own expenses and expenditures without fail. In case any loss damage caused to the VENDEES due to defective title of the Vendor, it shall be recover from the VENDORS in person and properties.
In our state, Govt has banned registrations from 7th Sept and insisting Layout Regularization to be obtained for any property registration. Seller took advantage of it and insisting me to pay this addl. cost of nearly 10.00 lacs and finish registration. But he dragged the proceedings initial two months as there was no such bank in 2 months period. Is the Govt. ban and insisting for some regularization after we entered into agreement falls under dispute of title?
Now when I said that we can cancel deal and I am ready to refund his 100% advance money, he is neither accepting to cancel the deal nor willing to take back his money. Now he is demanding to pay him double the advance money he paid to me if I cancel the agreement of sale.
Kindly suggest the best possible remedies for me as I have been torturing by this fraud buyer. Though I tried to send a legal notice for cancellation, this agreement doesn't have end date and if he also reciprocates legally matter moves to court and it will take lot of time for settlement.