Hi All,

Although this concerns my flat purchase in a 3C Zing project but I am floating a separate thread since I guess this would be true for most of the projects in Noida or elsewhere and I would like to see suggestions from broad set of buyers across projects –

While going through Apartment Buyers Agreement, I came across following points which I found controversial (The reasons are also mentioned below each point) -



    Buyer has satisfied the inspection of building plans, title documents including Lease Deed

    >> I haven’t done so since even if you show me, I would hardly make a sense of it. Would it be advisable to take a lawyer along?




      Company may effect such reasonable variation and modification as it may deem appropriate



        Layout plan is tentative and is subject to change at sole discretion of Company

        >> Isn’t this completely biased in favour of Company? What is legal course option available?



          Force Majeure - any judgement or order of any court of competent jurisdiction made against the Company in any proceeding

          >> Again, why should the buyer suffer because the company has some proceeding elsewhere?



            Super Area of Apartment is subject to variation and change to maximum of 8%

            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
            >> How can Super Area change. Wouldn’t they know of this when the building structure is complete.

            The question is does a buyer ask for amended buyer agreement with above clauses amended/removed? What should be my plan of action here?

            Thanks for all suggestions.
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  • Any suggestions?
    CommentQuote
  • Most of the buyers just go for it due to herd mentality. Changing the agreement by a builder on a client request is highly unlikely. They would prefer another client who just sign it rather amending the agreement which would involve their legal team and incur expenses. Also these are the loopholes which builder enjoy to screw the clients later so they can't afford a single agreement to say otherwise.

    The best option is to buy an RTM if you want peace of mind. Of course the peace comes at a price.
    CommentQuote
  • RTM is the way forward. Agree!!!
    CommentQuote
  • Rightly interpreting the many clauses written in a buyer agreement is a task quite enormous even for those who practice the legal profession. One can hardly imagine a first time home buyer being able to understand all the facts fully. In a situation such as this, hiring the services of an efficient lawyer is a must. Sure, you will end up paying a good amount for using his services. However, considering home buying is the biggest purchase of your lifetime, well, for most of us, one should be willing to make the sacrifice. This would safe you from any future trouble.
    CommentQuote