• Buying a property, what needs to be checked with builder

I am planning to buy a flat in pune. The project is submitted for RERA approval but sales person is asking me to book the flat now by paying certain amount so that they can hold the flat for me. And once RERA is approved, they can do agreement. Sales person is saying there won't be any changes after RERA approval such as carpet area, internal structures etc so I can book now without any issue. Do you think it's a good idea to book now?
Asked 3 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

Don’t be in hurry to book flat 

 

there are hardly any buyers of flats 

 

wait till RERA approval then only purchase flat 

Ajay Sethi
Advocate, Mumbai
97713 Answers
7914 Consultations

That's completely illegal

Without the project being registered with Rera, the builder cannot sell any flat or take any booking amount from the buyer 

Please dont fall in such a trap. It's an offence under Rera which invites a penalty 

Tell the salesperson not to misrepresent and that you will report this to Rera that builder is selling the flats without a valid Rera registration 

And Rera does not APPROVE any project. It only registers the project so that the buyers know all the required details about the project which the builder has to upload compulsorily on the Rera online portal 

I'm shocked this nonsense is still happening and people are being trapped by dishonest builders 

Please record all that transpired and how the builder is illegally trying to sell the flat to you in a recording email 

Please check the Maharera website for all the details 

Yusuf Rampurawala
Advocate, Mumbai
7780 Answers
79 Consultations

It's better you wait till rera approval nowadays all builders are already rera approved  builders. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
33013 Answers
214 Consultations

No, most of the builders don't keep their word as per the agreement. 

 

Because internal layout builders plan is different and RERA approval is different. 

Plus most of the under construction work are stopped due to covid so you can ask completion date of the project. If he is telling you till 2025 then that project will be get completed around 2028. 

 

I will suggest go for ready to move property instead of under construction property.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

[1] It is better you can get a legal opinion from the local advocate. With my rich experience one thing  I will tell you  once the builder is get the approval from the RERA then only you can proceed. Suppose for any other reasons. Builder will not get approval then you are in trouble.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

- Legally a builder cannot sell any flat without getting approval from RERA 

- Hence, you may face trouble after depositing the booking amount in case there is hindrance for getting approval .

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

Ask them for the RERA registration number. Book the flat with them by signing the Builder Buyer Agreement only once the project is approved by RERA. 

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
314 Consultations

You can book the flat by paying a token amount, however with a condition that the builder will issue a receipt for this booking amount and that in case of cancellation of the booking the entire booking amount shall be refunded. Before that you may ascertain the details of the property properly before booking the flat.

Important documents to check before buying a property

  • Sale Deed. This is the most important paper that is required during the property purchase. ...
  • Khata Certificate. ...
  • POA (Power of Attorney) ...
  • Construction Plan. ...
  • Sale Agreement. ...
  • Encumbrance Certificate. ...
  • Tax Receipts.

T Kalaiselvan
Advocate, Vellore
87910 Answers
2368 Consultations

Dear Client,

According to Section 14 (2) of the RERA Act, 2016, the promoter has no right to make any additions or alterations after the plan is sanctioned, without any prior written consent owning that apartment. Thus, in this case, such changes to the sanctioned plan can only be valid if you provide written consent for such change, and hence, the promoter would have to sanction such request for alteration to RERA.

Looking into the matter, our advice would be, to have a frank conversation with the sales person and a written agreement between you and the sales person considering such process, and once both the parties are satisfied, you can go ahead and book the flat as and when you may deem fit.

Thank you.

Anik Miu
Advocate, Bangalore
10452 Answers
121 Consultations

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