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Questions to Ask a Lawyer Before Hiring for Agreement To Sell And Specific Performance
The first meeting with an advocate is where you decide whether to trust them with a specific performance case, where a seller has broken an agreement to sell. A short list of clear questions tells you more than any profile. Below are the questions worth asking about experience, strategy, fees, and timeline for a sale agreement dispute, with what a good answer sounds like, so you can choose with confidence and avoid a weak fit.
- Experience: how many specific performance suits, and do you appear in the court where my property sits?
- Strategy: push for the sale or seek a refund of advance, and will you file an injunction quickly?
- Fees: stage-wise fee and what is separate (court fees are separate).
- Timeline: how soon for the injunction, and realistically how long for the whole suit?
- Verify: State Bar Council enrolment number (Advocates Act, 1961, Section 22).
- Free option: ask about NALSA / DLSA legal aid if you may qualify.
01Before you ask anything
Have your basic facts ready: when the agreement to sell was signed, how much advance you paid, when the sale was due, and what the seller has said or done since. With that, your questions land better and the advocate can answer precisely about your breach of agreement.
General information, not legal advice
These questions help you choose an advocate. They do not predict your result. Specific performance is governed by the Specific Relief Act, 1963, and limitation is generally three years, so do not delay the first meeting.
02Questions about experience
- How many agreement to sell and specific performance suits have you handled? You want someone who does this regularly, not once a year.
- Do you appear in the civil court where my property is located? A specific performance suit is filed where the property sits, so local court experience helps.
- Have you handled a sale agreement dispute where the seller tried to sell to a third party? This tells you if they know how to move for an injunction quickly.
- Who will actually appear for me, you or a junior? It is fine either way, but you should know.
03Questions about strategy
- Should I push for the sale or ask for a refund of advance with damages? A good advocate explains the trade-off clearly for your facts.
- Will you file for a temporary injunction, and how soon? If the seller might sell to someone else, an early injunction protects the property.
- How strong is my agreement to sell as evidence? Ask them to be honest about weak points, not just reassuring.
- Is there a settlement route, like a Lok Adalat, that makes sense here? A refund of advance can sometimes be settled by consent.
A strong answer to a strategy question is an honest one, including the weak points of your case. Reassurance without caveats is a warning, not a comfort.
04Questions about fees
There is no government-fixed advocate fee, so you must ask. Confirm these before you commit; court fees (charged on the property value) are separate.
- What is your fee for the first consultation, the legal notice, and the suit? Ask stage by stage.
- Is the suit fee a lump sum or per hearing? Both exist; know which applies.
- What costs are separate? Court fees, registration, documentation, and any local associate.
| Stage | Typical range (varies, confirm with the lawyer) |
|---|---|
| First consultation | Often around Rs 500 to Rs 3,000 |
| Legal notice | Often around Rs 3,000 to Rs 20,000 |
| Running the suit | Varies widely; ask for a stage-wise estimate |
05Questions about timeline
- How soon can the injunction application be heard? Interim protection often comes early, sometimes within weeks.
- Realistically, how long could the whole suit take? A specific performance suit can run for years depending on the court backlog and appeals.
- What can delay it, and what keeps it moving? A candid answer shows experience.
For a fuller picture, see how long a specific performance case takes in India, and bring the documents you need for a specific performance lawyer to the first meeting.
06Questions that verify the advocate
Being listed on a website or verified by a platform is not the same as being legally entitled to practise. The real test is enrolment with a State Bar Council under the Advocates Act, 1961 (certificate of enrolment under Section 22). Ask:
- What is your Bar Council enrolment number and which State Bar Council? Confirm it.
- Are you currently in active practice? A straightforward question with a straightforward answer.
A genuine advocate answers these without hesitation. Evasion is a reason to look elsewhere.
If you may qualify for free legal aid, ask that too: under the Legal Services Authorities Act, 1987, NALSA and the District Legal Services Authority help eligible people (see the NALSA website).
07How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
That same technology now powers Claw Find a Lawyer, a service for ordinary people. You describe your agreement to sell and specific performance problem, including the breach of agreement and whether you want the sale enforced or a refund of advance, in a short guided chat, and Claw connects you with a verified, independent advocate who handles this kind of sale agreement dispute, in your state or city where possible, for an online or in-person consultation where you can ask every question above.
The honest part: Claw does not employ, hire or empanel advocates and is not a law firm. The advocate Claw matches you with is independent and practises on their own, and their professional fee is paid directly to them. Claw does not share that fee (Bar Council of India Rule 36). Claw is a technology platform that helps you find and reach the right lawyer; it is not your advocate and does not give legal advice.
There are two ways to start: a free basic request, or a Rs 99 priority request for faster, prioritised matching. You can read more at Claw Find a Lawyer. Whichever advocate you speak to, confirm their Bar Council enrolment yourself before you share documents or pay anything.
08Frequently asked questions
What is the single most useful question to ask before hiring?
Ask how many agreement to sell and specific performance suits the advocate has handled and whether they appear in the civil court where your property is located. Regular, local experience in this exact kind of sale agreement dispute matters more than a general reputation.
How do I ask about fees without being awkward?
Be direct and stage-wise: ask the fee for the consultation, the legal notice, and the suit, whether the suit fee is a lump sum or per hearing, and what is separate (court fees are charged on the property value). There is no government-fixed fee, so asking is normal and expected.
Should I ask whether I will win?
You can ask about the strengths and weaknesses of your case, but no honest advocate will guarantee a result. A good answer includes the weak points of your agreement to sell and the realistic risks, not just reassurance. Treat a guarantee as a warning sign.
What timeline question matters most?
Ask how soon the temporary injunction application can be heard, because early interim protection can stop the seller selling to a third party. Also ask realistically how long the full suit could run, as specific performance matters can take years depending on the court and any appeals.
How do I verify the advocate during the meeting?
Ask for the Bar Council enrolment number and the State Bar Council, and confirm it. Enrolment under the Advocates Act, 1961 (Section 22) is what makes someone entitled to practise, which is different from merely being listed or verified on a website. A genuine advocate shares this readily.
Can I ask about free legal aid?
Yes. If you may qualify under the Legal Services Authorities Act, 1987, ask the advocate or approach your District Legal Services Authority directly. NALSA and the DLSA provide free legal aid to eligible people, and a Lok Adalat can help settle a refund of advance by consent.