We need a lawyer to help us defend our right to a property. We boughtvit in 2009 but we stopped paying via in house financing due to fraudelent trabsactions on the part of the developer. We are now being sued to vacate the property. Please advise.

Posted Wed, Dec 4, 2024 6:44 AM

Thank you for reaching out. Based on the situation you’ve described, here’s how we can help:

Review of the Contract and Evidence: We will thoroughly review your property purchase agreement and any evidence of fraudulent actions by the developer. This will help us determine if the contract can be challenged due to fraud.

Defense Against Eviction: We will assess your legal rights and possible defenses against the eviction lawsuit, especially if the developer’s fraudulent actions are proven. There may be grounds to contest the eviction based on a breach of contract.

Possible Legal Actions: If fraud is proven, we can explore counterclaims or other legal actions to invalidate the agreement or pursue compensation for damages caused by the fraudulent transactions.

Our team at Alitqan Legal Group has extensive experience in handling property disputes and fraud cases. We can guide you through every step to ensure your rights are protected.

For further assistance, please feel free to contact us at +965 66261361 or [email protected].

Posted Fri, Dec 6, 2024 5:05 AM

As a property lawyer at SJ Law Experts located at G-11 Markaz Islamabad, the situation you're facing involves several important legal considerations, especially in relation to your rights to the property, the history of the financing agreement, and the developer’s alleged fraudulent actions. Here’s an overview of the steps you should take and the potential strategies to defend your position:

1. Review of the Agreement: First, it is essential to thoroughly review the original purchase agreement, financing contract, and any communication between you and the developer. These documents should provide details about the terms of payment, the developer's obligations, and any clauses related to fraud or breach of contract. In-House Financing Agreement: Determine whether the in-house financing arrangement was legally binding and what rights it conferred upon you, especially in cases of default due to fraud.

Fraudulent Transactions: If fraudulent transactions on the part of the developer have occurred, identify the specific nature of these fraudulent acts and gather evidence to substantiate your claim. This could include false representations, misappropriation of funds, or non-compliance with contract terms on the developer's part.

2. Investigation of the Developer's Fraud: If you have stopped payments due to fraudulent activities by the developer, it’s crucial to have this fraud documented and substantiated. Investigating the nature of the fraud (whether it involves misrepresentation, financial mismanagement, or breach of the terms of sale) will be a critical element in defending your right to the property. This may involve:

3. Defending Against the Eviction Lawsuit: If you are now being sued for eviction, your defense will likely focus on one or more of the following arguments:

Breach of Contract by Developer: If the developer’s fraudulent actions have caused you to default on the payments, this could serve as a valid defense. You may argue that you are not liable for the non-payment due to the developer’s actions, which prevented you from fulfilling your obligations.

Equitable Estoppel: This legal principle may prevent the developer from evicting you if their fraudulent actions have caused you harm and if they should not be allowed to benefit from their wrongdoing.

Lack of Proper Notice or Due Process: Ensure that the eviction lawsuit has been properly filed according to the legal procedures. If there has been a failure to follow correct procedures or provide proper notice, you may have grounds to contest the eviction.

4. Litigation: If the case goes to court, your lawyer will need to argue your defense based on the evidence of fraud and your rights under the contract. The litigation process could involve:

Claiming Damages for Fraud: If you have suffered financial harm due to the developer’s fraudulent actions, you may have grounds to claim damages in addition to defending your rights to the property.

Seeking Injunctive Relief: In certain cases, you may be able to seek a court order preventing the developer from evicting you, particularly if there is clear evidence that their fraudulent actions have caused you financial hardship.

5. Title and Ownership of Property: Another aspect to consider is the title and ownership of the property. Even if payments were stopped, you should confirm that you hold the legal title to the property or that any claims made against it by the developer are invalid due to the fraudulent nature of their actions.

In summary, defending your right to the property will require a multi-faceted approach, including evidence of the developer's fraudulent actions, legal defenses against eviction, and potentially seeking legal remedies for any harm caused. Ensure that you consult a property lawyer who can guide you through the process and help protect your interests effectively. 

For more information and legal suit please do contact us at +92 335 411 2288 (SJ Law Experts, G-11 Markaz, Islamabad) e-mail: [email protected]