delayed payment, land purchase, legal action, contract enforcement, Specific Relief Act, property sales, payment delays, Pakistan, legal remedies, contractual obligations, Transfer of Property Act, High Court, specific relief lawsuit, payment disputes, defaulting party, breach of contract, cancellation of contract, deposit payment, property dealers, middlemen, legal guidance, professional representation, legal process, favorable resolution

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.

See also  Discussion : Whether the provincial legislature has power and authority to impose market fees under Section 19 of Act, 1939 read with Rule 29 of Agricultural Produce Market Rules, 1940

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.

See also  Protecting Overseas Pakistanis from Unscrupulous Property Agents: The 'token money' trap and other unethical practices

By The Josh and Mak Team

Josh and Mak International is a distinguished law firm with a rich legacy that sets us apart in the legal profession. With years of experience and expertise, we have earned a reputation as a trusted and reputable name in the field. Our firm is built on the pillars of professionalism, integrity, and an unwavering commitment to providing excellent legal services. We have a profound understanding of the law and its complexities, enabling us to deliver tailored legal solutions to meet the unique needs of each client. As a virtual law firm, we offer affordable, high-quality legal advice delivered with the same dedication and work ethic as traditional firms. Choose Josh and Mak International as your legal partner and gain an unfair strategic advantage over your competitors.