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What is rescission of contract?

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2 2023-04-25T18:05:55+00:00

Hey,

I've seen a lot of questions about property contracts and rescission of contracts. I will share with you what is rescission of contract in simple terms.  Normally, contracts are drawn between a buyer and seller for the purchase or sale of real estate property. Keep reading to know more.

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According to  leading real estate website “Under the Specific Relief Act, of 1963, a contract can be rescinded if there has been a material breach of the terms of the contract by either party, or if the contract is voidable due to the presence of coercion, undue influence, fraud, misrepresentation, or mistake”.

Meaning of rescission of contract in easy terms:

Rescission of contract just means cancelling or terminating a contract by one or both parties. In real estate, the right of rescission may apply to certain types of contracts, such as those signed during a timeshare presentation or home solicitation sales. This gives the buyer a limited time frame to cancel the contract without penalty.

Right of rescission real estate contracts does not apply to all real estate contracts. For example,  if you've already taken possession of the property or completed the transaction, it may be too late to exercise your right of rescission. Another example of rescission of a contract in Indian real estate could be when a buyer purchases a property from a developer, but later discovers that the developer has misrepresented important facts about the property, such as the size, amenities, or ownership rights. The buyer may then seek rescission of the contract to cancel the agreement and recover any money paid to the developer.

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I hope my explanation on ‘what is rescission of contract’ helps you.

Read more:

What is the Unregistered Sale Agreement Validity Period? Can a registered sale agreement be cancelled?

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