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Mumbai: Maharashtra Real Estate regulator Right (Maharera) has issued an order detailing non-negotiable clauses in the model agreement for sale.
Rare The Act mandates that the promoter upload the proforma of the agreement for sale along with the application for registration of the real estate project.
As per the rules, the sale deed must conform to the provisions of the Act and the ideal form of the agreement.
However, according to the authority, most of the times the proforma of agreement for sale uploaded is not as per the model form.
The Model Form of the Agreement may be amended and adopted in each case, but any clause found to be contrary or inconsistent with any of the provisions of the Act shall be void.
While MahaRERA allows modification in the agreement to sell, such modifications should be highlighted and also mentioned in the deviation sheet and uploaded for proper understanding to the allottee.
“The agreements do not conform to the RERA model form. Key clauses like builder’s liability for 5 years for structural defects, obtaining OC, society formation, and executing registered transfer deed in favor of the society in a time bound manner are non-negotiable clauses,” says Anil D’Souza, Secretary Bar Association, Maha Said rare.
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