• Builder is asking for 15% of total amount of the property towards the agreement.

Builder is asking for 15% of total amount of the property towards the agreement. The agreement will be made only after paying 15%. We have already paid the booking amount of 5 lakhs. Any suggestions? should we pay the 15% of total amount of the property to the Builder?
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

1. It's normal to pay upto 20% of the total sale consideration towards the sale agreement.

2. However, since you have already paid an amount of Rs. 5 Lakhs towards booking amount, while paying advance amount, this amount should also be considered as part payment. 

3. As per RERA, negotiate with the builder to bring the advance amount to 10%.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- As per Sub-Section 1 of Section 13 of The Real Estate (Regulation and Development Act,), A builder will have to enter into an agreement to Sell with a home buyer after accepting the booking amount which should not be more than 10%.  

- Hence demanding 15% payment at the time of sale agreement registration is against the Law.

- Further, if you pay the amount demanded by the said builder against the Act , then you may face problem , specially when the builder could not get OC etc from competent authority or delay in handing over the  possession., 

- You can refuse to pay the same , and if not agreed then you may cancel the booking , and the builder is bound to refund the entire amount with interest. 

- Further, if the builder is creating trouble, then you can approach the Consumer forum against the builder for getting refund and compensation for harassment. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you feel that the demand is not genuine then you may desist from making further payments unless the agreement is entered by a registered document.

Actually the  developer cannot ask for more than 10% of the property's value from the buyer, at the time of signing the builder-buyer agreement. The parties are legally bound to register this agreement, to provide it legal validity.

Considering that agreements that favoured builders were a key pain-point for the buyer community, the real estate law tried to address this, by laying the ground rules for drafting and executing builder-buyer agreements, referred to as agreement to sale in the Real Estate (Regulation and Development) Act, 2016. An agreement for sale, according to the law, refers to an agreement entered into between the promoter and the allottee.

While issuing a notice to the centre seeking its responses, the top court also observed that builders try to insert one-sided clauses in builder-buyer agreements that harm the interests of consumers.

“It is very important for consumer protection, because builders try to put any number of clauses in the agreement, which common people may not be aware of.

First and foremost, they have to make sure that the agreement is drafted in the manner and form as prescribed by the RERA and it is also registered with the state authority (this may not be the case for resale homes, or apartment with less than eight units, as they do not fall under the ambit of the RERA).

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Sec 13(1) of RERA Act 2016 states that "A promoter shall not accept a sum more than ten percent of the cost of the apartment, plot or building as, the case may be, as an advance payment or an application fee from a person without first entering into written agreement for sale with such person and register the said agreement for sale, under any law for the time being in force".

2) ask builder to execute registered agreement for sale if he wants 15 per cent of total amount 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It depends on the terms of agreement you agreed to pay to him.Its paid as per stages of construction and possession 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No. You have to make payment according to RERA guidelines and construction schedule scheme mentioned in the agreement and same has been uploaded on rera site for completion of work.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It is not advised to pay any amount of advance without signing the agreement to sale. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client,  

It is common for builders to require a certain percentage of the total amount of the property to be paid towards the agreement. However, it is important to make sure that this requirement is mentioned in the original booking agreement and that the builder is following all legal requirements.

If you have already paid the booking amount and are considering paying the 15%, it may be a good idea to consult with a lawyer who can review the agreement and advise you on the legality and validity of the builder's request. They may also be able to negotiate with the builder on your behalf to ensure that you are not being taken advantage of.

In addition, it is important to make sure that you have a clear understanding of the terms and conditions of the agreement before you sign it. This includes understanding the payment schedule, the timeline for completion of the project, and any penalties for late payments or delays.

Ultimately, the decision to pay the 15% of the total amount of the property is up to you, but it is important to proceed with caution and ensure that you are fully aware of the implications of doing so.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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