Moiz replied on Sunday, July 5, 2015 06:12 PM Dear LRE Team & All Experts, Need advice urgently please I have a question and I need guidance and advice from all of the experts. i have a house in Wapda Town, which i am selling. a property dealer gave me 25 lac and promised to give balance payment till 30/07/2015. i know he is trying to find customer till then. the thing is i was getting little suspicious so i asked from few people and some of them told me that this property dealer is a very "chalu" guy. he will take stay order on his bayana. I want to ask is this possible?? what i heard before was that if full amount is not paid within the given time the bayana stays with the seller and seller can sell to anybody else. Need advice and suggestions from experts. |
dubai replied on Sunday, July 5, 2015 07:45 PM brother yu are stuck...he will take stay order.. and it will take minimum two years for yu to break that stay thanks to our judicial system.. better pray that he finds a buyer ASAP |
Moiz replied on Sunday, July 5, 2015 07:57 PM i am ready to return him his 25 lacs. if i send him legal notice to pay on 31st then it will be helpful?? or if i tell in court that i need to sell this house urgently giving some very powerful argument(need money or something) will it work ? |
Moiz replied on Sunday, July 5, 2015 08:00 PM i have no intention to keep his money. i will return it but if he will file a stay order then i will not. |
Moiz replied on Sunday, July 5, 2015 08:01 PM i want to sell this home urgently because i have already purchased another and i have to pay the seller after getting this money. and the deadline is very near for that too. |
Jameel replied on Sunday, July 5, 2015 08:09 PM Unfortunately most of properties are sold like this,if you are in pakistan and not overseas then there is no issue. keep the possession of house. Ask him to pay full amount in time. in case he cant find buyer you put an application in wapda town society office that this deal was done and still payment not arranged.MAKE SURE ALL PAPERS OF HOUSE ARE READY FROM YOUR SIDE. if more time passes then tell him that you want to cancel deal And see his body language. if he does not agree on some terms then fie case. keep his 25 lac and keep possession of house and tell your lawyer to keep using delaying tactics. if you did a deal in good price then it is quite likely that he will find buyer. |
Moiz replied on Sunday, July 5, 2015 08:26 PM Dear jameel, Should i file the case before the deadline or after the deadline? i want to convince him to pay on or before deadline or come to some solution but if he doesnot before 2,3 days before deadline i should file case or wait til deadline ? |
Moiz replied on Sunday, July 5, 2015 08:32 PM Dear Jameel, also regarding application to wapda. i should send now or after deadline?? he seems to be a really chalu kind of property dealer |
Moiz replied on Monday, July 6, 2015 07:35 AM So it means i am doomed? nothing i can do for my house? it is mine who the hell is he to do that. i am ready to return him his 25 lacs if he does not get stay order. but what the hell i cannot sell my own property. is there any way to take action before his stay order. like deadline is on 31st. if i send him legal notice to pay on 31st then it will be helpful or not?? or if i also tell in court that i need to sell this house urgently giving some very powerful argument(need money or something) will it work ? |
Moiz replied on Monday, July 6, 2015 07:36 AM Dear Jameel, also regarding application to wapda. i should send now or after deadline?? my guess is after hearing alot about him he is not a person to be trusted. i already told him that you are not cooperating so i will cancel deal and he was like ok ok im finding buyer just wait. |
Kashif Riaz replied on Monday, July 6, 2015 08:15 AM Dear Moiz, whats the prize and location /size age etc of your house..... May Be someone like me is interested to buy Thanks |
Tahir, NJ replied on Monday, July 6, 2015 11:58 AM Moiz,I understand yr position, but first stand firm, and follow the advice of Mr. Jameel, and involve WAPDA Society as well. Further send legal notice through yr lawyer (not on yr own) for strict performance of the 'bayana contract' within specific date & time with damages otherwise you have absolute legal right to own, possess or sell the house bearing no obligation or charge on your part. A little fee to a skilled lawyer will do the job but do not panic now. Best wishes. |
Mooz replied on Monday, July 6, 2015 03:09 PM Dear Kashif, It is 1 kanal, 3 years old, near engineers & NFC society |
Moiz replied on Monday, July 6, 2015 03:10 PM Yes Tahir I think this is a good move |
Moiz replied on Monday, July 6, 2015 04:17 PM Mr. Tahir & Mr. Jameel, do u know any good lawyer? Who is an expert on these issues? |
Jameel replied on Monday, July 6, 2015 08:37 PM Dear Moiz, This panic state is first sign of Loss, Best is to settle these issues out of court. one of My friend who lives in UAE sold his 2 houses like this. In First case in Allama iqbal town he kept waiting fro more than 6 months and then Biana was revered without any loss to nay party. You will have no financial loss, the terms of payments are clearly written on biana paper. How You can get Loss if you arer eady to sell in specified amount. The Only thing which can give you loess is if you change your mind that I don't want to sell. |
Moiz replied on Monday, July 6, 2015 09:03 PM Dear Jameel bhai, i do not have any intention to change my mind. |
Moiz replied on Monday, July 6, 2015 09:04 PM the thing which is giving me trouble is that i have already made a deal for a new house and for the payment of that house i have limited time as well and |
Moiz replied on Monday, July 6, 2015 09:06 PM if the buyer of my current house will not pay in time i will lose the new house. i have also paid 25 lacs biana. this is the only problem i have currently. |
Moiz replied on Tuesday, July 7, 2015 06:46 AM Dear Jameel bhai, i do not have any intention to change my mind. the thing which is giving me trouble is that i have already made a deal for a new house and for the payment of that house i have limited time as well and if the buyer of my current house will not pay in time i am afraid i will lose the new house and i have also paid 25 lacs biyana the new house. this is the only problem i have currently. nothing else bothers me. that is why i do not want him to get a stay order and leave me hanging more than deadline as i have to pay for new house also |