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Builder Agreement Red-Flag Checker

A typical Builder-Buyer Agreement is 60-100 pages and heavily favours the builder. RERA Act 2016 mandates fair clauses, but enforcement is patchy. Watch for these clauses.

Possession date with vague language

High

Insist on a specific date with penalty for delays beyond 6 months.

No RERA registration / number

Very High

Walk away. RERA is mandatory. Demand the project number.

Floor area on super built-up basis

High

Per RERA, must be on carpet area. Convert with our calculator.

Force majeure too broad

High

Limit to genuine acts of God, war. Reject vague clauses.

Unilateral modification by builder

Very High

Buyer should also have rights. Negotiate symmetric clauses.

Cancellation fee > 10%

High

Negotiate to 5% or refund-on-RERA-cancellation.

Maintenance for 5+ years by builder

Medium

Society should take over after 1-2 years.

Pre-EMI / construction-linked plan

Medium

Means you pay EMI before possession. Risky if delivery delays.

Common areas not specified

High

Demand explicit list — what are the actual amenities you're paying for.

Resale restrictions before possession

Medium

Negotiate full resale rights with reasonable transfer fee (1-2%).

No grace period on payment delays

Medium

Standard is 7-15 days. Push back on 0-day strict deadlines.

GST charged on stamp duty

High

GST is on construction value only, NOT on stamp duty (separate state levy).

FAQ

Should I sign anyway if builder won't change?

For severe red flags (no RERA, no possession date) — walk away. For moderate flags, document concerns in writing, attach addendum to the agreement. Get a lawyer to draft.

RERA helps after issues?

Yes — file complaint at RERA Authority of your state. Penalty/refund possible. Free / nominal fee. Resolution typically 60-180 days.

Buyer's rights post-2017?

RERA Act 2016 (effective 2017) gives buyers: refund + interest on builder default, possession penalty (rate of MCLR + 2%), regulator complaints. Pre-RERA agreements harder to challenge.