I gave a small advance payment (₹2 lakhs) to a seller for a flat. We signed a simple agreement on plain paper, without any stamp duty. Everything else was agreed upon verbally. Now, the seller wants to change the payment terms, deadlines, and other conditions. It feels like she wants to keep the advance payment. I know I can ask for double the amount as per real estate practices, but I’m not interested in that. We’ve tried talking to her, but she’s not budging. I’m worried about losing my money. What should I do?

Apni Law
Apni Law
Law Forum › Category: Property › I gave a small advance payment (₹2 lakhs) to a seller for a flat. We signed a simple agreement on plain paper, without any stamp duty. Everything else was agreed upon verbally. Now, the seller wants to change the payment terms, deadlines, and other conditions. It feels like she wants to keep the advance payment. I know I can ask for double the amount as per real estate practices, but I’m not interested in that. We’ve tried talking to her, but she’s not budging. I’m worried about losing my money. What should I do?
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Apni Law Staff asked 3 years ago

I gave a small advance payment (₹2 lakhs) to a seller for a flat. We signed a simple agreement on plain paper, without any stamp duty. Everything else was agreed upon verbally. Now, the seller wants to change the payment terms, deadlines, and other conditions. It feels like she wants to keep the advance payment. I know I can ask for double the amount as per real estate practices, but I’m not interested in that. We’ve tried talking to her, but she’s not budging. I’m worried about losing my money. What should I do?

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Best Answer

Apni Law Staff answered 3 years ago

Since the agreement was not properly stamped, it may not be legally enforceable. You can approach a consumer forum or file a civil suit to recover the advance payment, emphasizing the verbal agreement and lack of formal change in terms. It’s advisable to consult a lawyer for specific advice and legal options.

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