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ARTICLE · 30 SEPTEMBER 2016

Double Whammy Against The Developer

The Real Estate (Regulation and Development) Act, 2016 ("RERA") aims to protect the interest of real estate buyers and regulate the real estate sector...

IndiaReal Estate and Construction

CONCERNS OF REAL ESTATE BUYERS

The real estate buyers more often suffer by ill practices by few errant developers/ promoters ("Developers"), mainly being (i) inordinate delay in getting possession of the flat/unit, (ii) paying more than 20% of the purchase consideration in advance before executing and registering the agreement for sale under the provisions of Maharashtra Ownership of Flats Act, 1972 ("MOFA"), (iii) altering the layout plans and specifications of flat/ unit without being informed by the Developer, (iv) not registering the agreement for sale within a period of four (4) months after paying earnest/ advance monies, (v) not disclosing clear and marketable title of the Developers in relation to the subject property, (vi) not taking steps in formation of society/ condominium/ company ("Organisation"), and (vii) not conveying the ownership of subject property in favour of the Organisation.

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