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ARTICLE · 19 JANUARY 2021

Leases For Commercial Spaces

Section 19 of the Indian Contract Act, 1872 provides that in an agreement where consent to an agreement if caused by coercion, fraud or misrepresentation...

IndiaReal Estate and Construction

Section 19 of the Indian Contract Act, 1872 provides that in an agreement where consent to an agreement if caused by coercion, fraud or misrepresentation, such agreement is voidable at the option of the parties. The exception to the aforesaid section provides that if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of Section 17, the contract is voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.

Ordinary diligence or due diligence is an important step before the purchase of any kind of property i.e. either residential or commercial. Any buyer going into the market to purchase a property, looks for certain criteria to evaluate the property.  This is where the role of due diligence of a property comes into play. Due diligence, in simple terms, means assessment of facts and law to highlight risk factors which in-turn helps the buyer to decide whether to purchase/

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