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Rahul Hanchate   14 December 2023

Modifications to rera agreement

Can a developer modify or add clauses to builder buyer agreement of sale? Please advice. 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 December 2023

Modifications can be done on mutual consent only and not one sided which will cause harm or loss to the buyer 

Real Soul.... (LEGAL)     14 December 2023

Subject to both parties to agreement desiere so 

SRIPRAKASH BHATTACHARYA (RETIRED)     14 December 2023

If any modifications are being done by the Real Estate Developer, the same have to be fone for the best interest of the buyer and not the developer or seller and even if the same are accepted by the buyer. Generally the large Real Estate Developers have their legal cell comprising with Corporate Lawyers / Advocates and the mid size or small size Real Estate Developers tie up with some companies dealing with corporate laws. 

Whereas hardly any buyers want to hire the services except other than those who purchase a property whose cost goes in several crores. 

Each states have to frame it's rules based  on the RERA as promulgated by the union government. However, the basic draft of agreement as said the RERA can't be changed. It can't be improvised only and that too only for the betterment of the buyer and have to be accepted by the developers too. 

The buyer has to be very cautious and need to read the finer lines which are written in between the lines. English is a very simple language but interpretations are very tricky. Most of the buyers who does not read the agreement carefully and indepth may become the victim for their ignorance. 

To find the gaps in between the lines and interpret the contract is not an easy job. There were no acts in the country and so the buyers used to suffer always. At least the RERA has been framed and any improvements, if any needed will be done accordingly.

 

Dr. J C Vashista (Advocate )     15 December 2023

Yes, terms and conditions of the agreement can be modified with mutual consent (in writing). 


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