Are you familiar with a buyer-builder agreement? It is the first legal document connecting the home buyer and the builder on the construction’s sale, possession, or distribution. ACCORDING TO RERA, the BBA or the builder-buyer agreement defines the project’s design terms, the unit to be allocated to the buyer as well as additional rights, words for the cancellation of a deal, and so on. The terms in the BBA outline the importance of the RERA builder-buyer contract.

Buyers often encounter difficulties and confusion in comprehending because the terms used in BBA don’t have a local language or are in simple English. There isn’t uniformity in the requirements in the various states and UTs across India. When buying a home in Kolkata when you live within New Delhi, understanding the document by legal counsel in Kolkata can help save time and effort, as well as the potential interests of the individuals affected. If the agreements are not fully understood before signing and are not understood, it can cause some issues for prospective buyers over the long term. Therefore, the essential points to consider before signing the BBA are below.

Requisites in a Model Builder-Buyer Agreement

While builder-oriented projects are prevalent across every state and in all UTs of India, there isn’t a uniform structure that determines the terms of agreements between builders and home buyers. The validity of a builder-buyer contract depends on the conditions and phrases included in the agreement. Below are the general requirements to be reviewed by home buyers before signing any contract:

Clear title to the construction and undivided ownership of the property.

Like the builder, buyers must also be able to have a set of conditions in their favor that give them the right to withdraw; also, buyers should be granted the option of rescinding the purchase in certain situations without a cost.

Carpet area that is not the non-balcony of the flat/ apartment.

The super and carpet area, by the site, is advertised in brochures or words.

Any changes to the design of the building will require the buyer’s approval.

Without any complicated numbers, the dimensions of the rooms/ units within the flat could interfere with allottees’ rights. Rights of the allottees.

Payment plans should be the same as that used by home buyers.

Additional charges not disclosed, such as those of electricity or membership, will also be addressed in the sample builder-buyer agreement draft.

The delay penalty clauses for home buyers must be a part of the delays in delivering the building project. This leads to the builder being compensated and builder.

The transferability of the apartment or apartment must be able to avoid any blocks or unneeded penalties.

Super area variation in delivery should be kept to a minimum.

Club memberships or other common areas of the project (Whether exclusive to homeowners or available to all members of the public).

Rights to public areas, such as reserved parking, need to be identified so that it does not become paying parking in the future.

Suppose the material used in the construction is listed in the brochure and other documents. The material should be mentioned in the builder-buyer contract as well.

Maintenance contracts and the upkeep of the project will be covered by the supervision of the Residents Welfare Association (RWA) by RERA’s new rules.

Modifications of the Floor Space Index (FSI) or Floor Area Ratio (FAR) and the rights resulting from them are not only for the builder’s benefit.

There must be an agreement that provides insurance or protection to buyers of homes against losses if a legal dispute concerning the property comes up in the future.

When the conditions and terms in the builder-buyer contract are complex and difficult to comprehend by an average person, real estate lawyers are the experts to help. When signing a RERA builder buyer agreement, understanding the terms in detail is suggested. The reason is that BBA is written by skilled legal professionals who builders employ. Thus, the BBA tends to favor the builder’s interests; consequently, the buyer’s interests are frequently at risk.

Supreme Court on Builder Buyer Agreement

In a case 2021 filed in 2021, the Public Interest Litigation (PIL) requested a uniform agreement between buyers and builders nationwide. It is currently up to the states to issue a model agreement for builders that defines specific terms and conditions that should be incorporated into the real property. But, this is not applied by the states. The PIL is seeking a uniform structure by the federal government that applies to all states. It protects the buyer’s rights and requires builders to comply with the guidelines in the RERA. There is a process underway in this instance; therefore, the standard RERA buy-builder contract is being awaited.

General Queries Related to BBA

A- What exactly is a builder-buyer contract?

A. The terms agreed between the builder and buyer concerning the delivery of one unit of a builder’s project are typically referred to as the RERA builder buyer agreement or the BBA agreement. The terms can range from specifics for super and carpet and possession date and building layout to delay of delivery, payment plan, etc.

Do you think a builder buyer’s an agreement?

A. The main difference between an agreement and a contract is that a promise or acceptance to do or refrain from doing something is a matter of agreement that creates an agreement. To make an agreement legally binding, there must be some legal requirements. Therefore, the legality of an agreement between a builder and buyer or a legally binding contract will depend on the legality of the terms. If not by the current fundamental law of real estate and regulations, it’s not legal and therefore is not an agreement.

Q- Can a builder revoke the contract?

A. If the builder-buyer agreement outlines the terms upon which the agreement may be canceled, the builder can legally cancel the contract. Insufficient or delayed payment installments after a certain amount are the most common causes for canceling the builder’s buyer agreements.