Model Agreement for Sale can be modified by Builder in Maharashtra RERA rules

lawBy Dr Sanjay Chaturvedi, LLB, PhD

Much awaited Real Estate Regulatory Rules published by Maharashtra Government for objections and suggestions. Under Real Estate (Regulation and Development) Act, 2016 (RERA) , every state government must frame Rules to execute the RERA.

The Rule provides under para 10 as under :

Agreement for Sale. – (1) For the purpose of sub-section (2) of section 13, the agreements for sale shall
be in conformity with the provisions, rules and regulations made thereunder and shall be in accordance with
the model form of agreement at Annexure ‘A’.
Nothing in this sub-rule shall be deemed to prevent the promoter to modify the model form of
Agreement for Sale at Annexure ‘A’ provided that such agreement is in conformity with the provisions of subsection
(2) of section 13 of the Act and the rules and regulations made thereunder.
(2) Any application letter, allotment letter or any other document signed by the allottee, in respect of
the apartment, plot or building, prior to the execution and registration of the agreement for sale for such
apartment, plot or building, as the case may be, shall not be construed to limit the rights and interests of the
allottee under the agreement for sale under the Act or the rules or the regulations made thereunder.

Although Rights are protected but terms and conditions including that of allotment letters will be incorporated. One sided agreement of all projects which are in progress will not get protection of such provisions.

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