Model Form of Agreement to be
entered into between Promoter and Allottee under RERA
Registration of agreement for sale:
As per Section
13(1) of the Real Estate (Regulation and Development) Act, 2016, (RERA)
promoter has to enter into a written agreement for sale with the allottee and
also has to register the said agreement.
Form of Agreement for Sale:
Section 13(2) of
RERA states that agreement for sale should be as per the form prescribed in
MahaRERA rules and it should specify the particulars of development of the
project.
Rule 10 (1) of
MahaRERA Rules states that agreements for sale shall be in conformity with the
provisions, rules and regulations made there under and shall be in accordance
with the model form of agreement.
Modification in the terms of Agreement for sale:
A promoter can
modify the terms of agreement for sale but it should be in conformity with the provisions
of RERA and rules and regulations made thereunder. (Rule 10(1) of MahaRERA
rules)
Conclusion:
Recently, a
complaint was filed by Ms. Deepa Mansbadar wherein it was alleged that the
draft form of agreement for a sale was not as per provisions of RERA and its
rules and also was in variance from the conditions of the allotment letter.
Respondent
argued that there was no violation of terms and conditions of the allotment
letter signed between the parties. Also the complainant failed to establish
that the agreement was not as per model form of agreement prescribed under RERA
and its rules and regulations.
MahaRERA
disposed off the complaint saying that the complainant failed to show that
agreement was in contravention of the RERA provisions and ordered the
complainant to execute sale agreement.
The copy of the
order can be downloaded from the following link:
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