Browsing Tag

agreement for sale

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MahaRERA orders new developer to hand over flat and pay interest despite claiming it never received payment, holding both builders jointly liable in Mumbai Evergreen Woods case.

Booked a Flat but Didn’t Sign Agreement? MahaRERA Says Builder Can’t Keep Your Money

MahaRERA has ruled that builders cannot forfeit the entire booking amount if a homebuyer cancels before signing an agreement for sale. Allowing only a 2% deduction, the Authority reinforced consumer protection principles under RERA.
India’s housing market is shifting toward bigger homes, with average apartment sizes rising 17% in two years as luxury demand surges and buyers prioritize space, lifestyle, and premium living.

Even Without Agreement for Sale, MahaRERA Can Order Refund to Prevent Injustice

MahaRERA held that even without an Agreement for Sale, it can order refund with interest, as seen in the Ajmeri Heights Andheri case involving Ajmeri Realty.
In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.

No Possession Date in Agreement? MahaRERA Rules: Builder Must Deliver in 3 Years

In a key ruling, MahaRERA held that even when an Agreement for Sale is silent on the possession date, the builder must hand over the flat within a reasonable period of three years from the agreement date — failing which, interest is payable for the delay period. The order in the Mauli Omkar project case awarded interest from March 2019 to April 2023 to complainant Sabirali Tufhel Shaikh.
MahaRERA has ruled that a booking application form does not by itself create a binding sale contract and directed Mahindra Happinest Developers to refund ₹1.50 lakh to a homebuyer, holding that forfeiture was illegal as the booking was never completed.

MahaRERA While Dismissing Homebuyer’s Complaint: “We Cannot Guess the Possession Date”

A homebuyer’s MahaRERA complaint in the Bhakti Meadows project was dismissed after the Authority found that the Agreement for Sale lacked the possession date, making delay assessment impossible.
The Supreme Court has ruled that earnest money cannot be forfeited when both the buyer and seller are at fault, offering vital clarity on homebuyer rights and equitable remedies in real estate disputes.

How Much Money Can a Builder Forfeit If a Homebuyer Cancels a Deal?

MahaRERA’s 2022 order limits how much developers can deduct when a buyer cancels a flat booking — capping forfeiture at 2% before the agreement is signed, ensuring fairness and faster refunds for Maharashtra homebuyers.