Agreement with Builder
Mayurs
(Querist) 09 August 2009
This query is : Resolved
Hi,
We have purchased a flat in a township.
In the agreement the builder has mentioned that the amenities (clubhouse and swimming pool will be outsourced to 3rd party. This means we need to pay to avail the amenities.
Also the builder has kept the rights to raise hoardings or mobile tower. Also the agreement mentions that any changes in the plans or designs of the buildings or the amenities will be taken by him solely and the flat owners will not have any voice against it. A lot of things have been changes and have not been communicated to us.
How valid is the Agreement? can the builder do a business on the amenities provided for the society where the amenities are built from the money aid by the flat owners?
Regards,
Mayur
A V Vishal
(Expert) 09 August 2009
Without going through the clauses in the agreement it is highly impossible to comment. Further, on signing the agreement you are conceding that you are in agreement with the terms of the builder.
sanjeev murthy desai
(Expert) 09 August 2009
Dear Mayurs,
After signed the said agreement there is no question arise that "agreement is valid or not" you should be bound by this agreement, if u not interested you can cancelllation that agrreement.
Builder resereved his rights to do the bussiness or alterations in that agreement thats not effect to the flat owners, because owners should have the owners association and said association has by laws and rules under the apartment act and said act and rules governing the above bussiness and alterations.
sanjeev desai
Mayurs
(Querist) 09 August 2009
Thanks for the reply.
At the time when we signed the agreement ( more than 100)I think nobody was aware of the facts and you can say everybody signed the agreement without understanding the consequences, you can say in ignorance.
I understand this is a big mistake by the flat owners but everyone blindly trusted the builder. Is there any legal way to come out of this situation?
Regards,
Mayur S.
ANTHONY REDDY
(Expert) 10 August 2009
If you are a member of the society, and if you have agreed to purchase a flat from the society, the society is responsible. 2. First you have to see the agreement between society and builder. 3. but in contrary to the agreement betwee society and bulder, the builder makes any agreement with an individual with regards to amenities, its a void agreement.
sanjeev murthy desai
(Expert) 10 August 2009
Notwithstanding in that agreement clauses cannot binding the flat owners regarding using the amenities and bussiness and furhter alterations of building. These are rights are regulated by the by laws of flat owners association formed under Apartment ownership Act.
Firstly you called all the flat owners (owners association) for meeting, in that meeting pass a regulations and consider a appropriate majarity decision regarding the cancellation of builders reserved rights. Subsequently if builder does not agree with such regulations, then you can file a injunctions suit for declaration of cancellation of builders rights. In
Mayurs
(Querist) 10 August 2009
Sanjeevji,
Thanks for the reply.
I am adding some information
1)The construction is still going on.
2)No posession given yet.
3)No society formed.
4)As per agreement builder has clearely mentioned that he will outsource the amenities ( clubhouse and swimming pool) to third party which may charge the users for the same.
5)The builder will have the rights to put any hoardings (or mobile tower or anything) and the flat owners should not have any objection.This means that the builder will get all the money which comes as rent for the same.
Is it right to raise it before we get posession and before the siciety is formed?
I think if we sign the posession letter, it will mean we agree to his terms and conditions for the second time as well.
Regards,
Mayur Shrotriya
sanjeev murthy desai
(Expert) 10 August 2009
Dear Mayur,
Firstly you have to wait for completion of construction and then have a possession and also formed a association of flat owners.
Sale Agreement and construction agreement are invalidated after executing the sale Deed and completion of the construction. So you have to wait for some more time to get your valuable said rights.
sanjeev desai
Mayurs
(Querist) 11 August 2009
Thanks Sanjeevji.
senthilkumar
(Expert) 12 August 2009
Hello,
To give a proper solution the original agreement must be perused.Withot going through the Agreement it is not possible to give proper advise.Any how on perusal of your question i understand that you have already signed the Agreement. As such you have to observe the contitions.The principle CAVEAT EMPTOR WILL APPLY TO YOUR CASE.yOU MUST HAVE GO THROUGH THE CONTITIONS OF THE AGREEMENT BEFORE YOU SIGNED IT.
