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- Be aware of the pitfalls
An average home buyer may be getting loads of advice on how to deal with the developers. But the fact is that home buying doesn’t always mean that you will be dealing with developers. It is a given fact that the primary market is relatively smaller in size as compared to the secondary market. This is a market which defies all conventions of economic wisdom and very often is at the mercy of profit-hungry investors. Since circle rates in the major Indian cities are way below the actual transaction price in the market, the component of black money is all too pervasive in this market. Unfortunately, it is not clear how the Real Estate Regulator Bill will regulate the secondary market. Can there be any regulation for properties on the resale market where transactions are happening with the mutual consent of the buyer and the seller?
Secondary market nevertheless attracts a significant number of transactions and as per a rough estimate nearly two third home buyers buy an apartment from the secondary market. The 2013 Supreme Court ruling on the general Power of Attorneys (POA) is the only step in recent times that promises to check the rampant use of corrupt practices in the secondary property market. Hence, buyer awareness is very important in this market. Though all the checklists needed in the primary market are very much applicable here as well, the secondary market home buyers should additionally also inspect the house and verify the condition of plumbing, electrical, woodwork etc.
It would be better if the buyer could get the home inspected by a professional valuer, some of whom are even empanelled with banks and other financial institutions. In addition to inspecting the natural wear and tear they should also check for any structural damages, before purchasing an old home. Sachin Sandhir, Managing Director, South Asia of RICS asserts that in primary market buyers end up paying a ‘holding charge’ of Rs 5-7 per sq. ft in cases where possession has not been taken on time. Buyers are further affected by lopsided contracts, as most BBA’s (Builder Buyer Agreements) provide developers with the flexibility of effecting suitable (so-called) alterations in the layout plan, as and when found necessary. Such alterations may include change in the area, layout plan, floor, block, number of said flats and increase in the area of the said unit, which, in effect, raises the total cost for buyers.
“When buying a property from the secondary market, it is extremely helpful to get an idea of the prevailing capital values of listed properties from property portals, which are available in abundance these days. However, consultation with a real estate agent or broker to arrive at an informal price is a relatively simple method to check the availability and compare properties, which is still by-far one of the most popular mediums of information collation used by prospective home buyers,” says Sandhir.
Rattan Hawelia, Chairman of Hawelia Group admits that secondary market needs more check points than the primary market. He says in case of first sales, the basic selling price is set by the developer for all apartment units and it acts as a benchmark. Any price negotiation may be done based on the level of buyers’ interest in the project, current unsold inventory, current market conditions, payment terms, etc. While in case of secondary market, the asking rate for an individual apartment may just reflect the expectation of the seller and may only be broadly in line with the prevailing market rate.
“Legal vetting of the documents is essential to ensure that the titles are clear and there are no encumbrances on the property, while such risks remain limited in case of first sale from the developer. Hence, purchases from secondary market remain riskier than direct purchases from developers. Furthermore, the cash component in the secondary market is high since the seller usually wants to avoid paying capital gain tax and stamp duty,” says Hawelia.
Secondary market has certain benefits since you get what you see, added to no hidden cost but there are some important aspects that buyers must check before finalising on their purchase decisions for resale properties, some of which include:
* Registration: Checking the registration of property and ensuring that all documents relating to property are available.
* Establish a clear property title: Ensure property is free from disputes and ensure that the purchase is made from the ‘real owner’ or the person who has the right to sell the property.
* Building Approvals: While purchasing a resale property, ensure that the building has been constructed as per the plans and layout approved by authorities.
* Ensure that the seller has the certificate of completion, occupancy and NOC (No Objection Certificate) from the respective authorities.
* Check whether the property is still under mortgage. If so, check on the status of the debt and whether the property has been approved by the authorities for which all taxes and other duties/levies such as stamp duty and registration charges etc. have been duly paid.
If the resale property being purchased is in a registered co-operative/group housing society, some of the additional documentation that will be required includes:
* Original share certificate of the Society.
* Allotment letter from the Society in the name of the buyer.
* Copy of the lease deed, if executed.
* Copy of order under the Urban Land ceiling Act.
* Copy of the building plans sanctioned by the competent authority.
* Commencement certificate granted by Corporation/Local Authority
* Certificate of the registration of the society.
* Copy of the bylaws of the society.
* No-objection certificate (NOC) from the society.
* Copy of NA permission for the land from the collector.CommentQuote0Flag