I have signed Form F and got the mortgage but the seller is in breach. What to do?

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

1. While the MOU's expiration itself might not trigger legal action, you can still consult with us about your situation and explore any potential remedies or legal steps available to you.

2. The specific terms of compensation or penalties regarding the 10% deposit, mortgage fees, evaluation fees, and other costs would depend on the agreements made in the MOU and any subsequent negotiations or contracts. We can review these documents to provide guidance on your rights and potential claims.

3. It's advisable to seek legal counsel to assess your situation comprehensively, review the relevant documents, and provide specific advice tailored to your circumstances. We can guide you on the best course of action to protect your interests and seek a resolution with the seller.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

Dear Client,

Form F shall be considered as an intention to enter into a sale agreement.

We are looking to review Form F in order to confirm if you have the right to claim the 10% + 10% as compensation.

Yes, after the expiry date, you can file a case if you are entitled to and recommend communicating your concern before the expiry.

For form review, you may share it with us by email.

Dear Questioner,

According to your inquiries,

1. You can file a complaint before or after 20, but it is advisable to file it earlier.

2. Remitting the deposit depends on the terms of the MOU. To get your deposit and fees reimbursed, you need to mention the same in the complaint before RERA.

If you need us to engage in your matter, please share your WhatsApp number.

Hello,

Please note that if there is a breach of the terms as per the MOU and even if there is a renewal and the property is not handed over due to NOC or other issues, then you must take legal action against the same.

Please email us the extensions and the MOU - Form F.

Thank you for reaching out to me with your concerns regarding the delay in the property transfer process.

I understand the frustration and uncertainties you must be experiencing in this situation. Based on the details you've provided, it is crucial to address these matters promptly to protect your interests.

Regarding your questions:

Expiration of MOU:

If your MOU is set to expire on 20.11.2023, it is advisable to take action as soon as possible. Filing a complaint after the expiration date, even by a few days, might weaken your position.

I recommend initiating the process on or before 20.11.2023 to ensure the timeliness and effectiveness of your legal actions.

Financial Considerations:

Recovery of 10% and Other Fees: Depending on the terms outlined in your MOU and the circumstances surrounding the delay, you may be entitled to the recovery of the 10% deposit, however, the specifics would need to be examined closely.

As for fees paid to the bank, mortgage-related costs, and EMI payments, compensation possibilities will largely depend on the terms of your agreement with the seller.

It's crucial to review the MOU and any subsequent communications to understand the agreed-upon conditions and liabilities. I can assist you in assessing your options and pursuing a course of action to seek appropriate compensation.

Legal Advice:

My advice is to schedule a consultation at your earliest convenience to discuss the specific details of your case in depth.

This will enable us to assess the legal implications, review your documentation, and formulate a strategy tailored to your situation.

Please feel free to reach out to me via WhatsApp or phone to schedule a consultation. I am here to provide the guidance and support you need to navigate through this challenging situation.