Delays in payment for land purchases in Pakistan can be a challenging issue to navigate, but there are legal remedies available to enforce the terms of the contract and protect your rights. At our law firm, we have extensive knowledge and experience in handling property sales and payment delay disputes in Pakistan, and we can provide you with professional guidance and representation throughout the legal process. As every case is unique, please contact us directly for a free consultation of your matter at aemen@joshandmak.com
Under the Specific Relief Act, 1877, you have the option to file a lawsuit for specific relief at the High Court of your jurisdiction. This legal action seeks to compel the defaulting party to fulfill their payment obligations as agreed upon in the contract. It is essential to note that the Transfer of Property Act, 1882, also plays a significant role in cases where ownership of the property has passed to the buyer before full payment.
In situations where the sale is not yet complete, and only a Bayana (token money) has been given, you can take legal action against the buyer under the Specific Relief Act. Through a mandatory injunction order under Section 55 of the Act, the court can oblige the buyer to honor the payment when you, as the seller, are ready and willing to transfer the property.
If you wish to explore alternative options, like cancelling the contract as per the terms of the contract, you can send a formal notice to the defaulting buyer demanding payment and informing them of the potential consequences of continued default.
It is crucial to document every instance of the buyer’s requests to delay payments after the Bayana is taken. In the real estate business in Pakistan, it is common for property dealers or middlemen to pay a small Bayana upfront and attempt to find a buyer themselves. However, when these property dealers fail to find a buyer, they often resort to requesting payment delays using various pretexts.
The law in Pakistan is clear regarding your rights to receive timely payment for the property you have contracted to sell. Parties entering into a contract are legally bound to fulfill their respective contractual obligations, including making payments as agreed upon. If the buyer fails to fulfill their payment obligations, it constitutes a breach of contract. In such cases, you have the right to cancel the contract and retain the deposit payment.
However, complications may arise when property dealers or middlemen are involved, as they may have entered into contracts with other buyers at a markup, leading to payment delays. These situations require careful consideration and appropriate legal action.
By initiating a lawsuit seeking specific relief, you can pursue the enforcement of the contractual terms and hold the defaulting party accountable for their obligations. It is essential to understand that the outcome of legal proceedings can vary based on the specific circumstances of each case and the application of relevant laws.
At our law firm, we are well-versed in handling property sales and payment delay disputes in Pakistan. We have the expertise to guide you through the legal process, protect your rights, and strive for a favorable resolution. Contact us today for professional legal assistance tailored to your specific circumstances.
