Unfair business practices by developers in India is not very uncommon. Many builder violations and associated cases have come to the limelight in the recent times, thus creating fear in the minds of potential buyers, and rightly so as it is the consumers who have to bear the brunt of the debacle in the event of the builder getting involved in a violation case.
All homebuyers dread the possibility of getting caught in the net of builder violation and associated consequences; there is no denying this fact. However, it is also a fact that majority of the home buyers does not know how to avoid falling in such a trap of investing in a property that is legally flawed.
You must be prudent and indulge in a thorough background check of the builder; not only that you must also research if any of his projects are stalled because of violations or associated setbacks before you invest in a property. Given below are some tips and suggestions that will help you avoid falling in the trap of an illegitimate property:
Check and ensure that the title of the property is clear
The title of the land on which the project is supposed to be constructed should be free from any legal impediment. It is essential that you check the history and track of the property title for at least past 50-75 years. It is highly recommended that you get the title documents checked from an experienced property lawyer to ensure that the title is clear and that there are no associated legal hassles.
Check if all the plans are sanctioned by concerned government authorities
The developer must secure appropriate sanctions and certificates from the concerned authorities and at almost all stages of the project. You must check if all the sanctions and certificates are genuine; needless to mention that these checks are to be done before you decide to invest in the property. Check for the approval for the number of floors that can be constructed and also ensure that the builder-buyer agreement has a clause to protect your interests in the case of a default by the builder.
Occupy the property only after you receive the occupation certificate from the developer
The Occupation Certificate is issued by officials only after ensuring that the property is legally sound and adheres to the standards and checks of the government. An OC is also a confirmation that the developer has complied with all the legalities. It is recommended that one does not get lured by the unlawful offer of lower prices by builders to settle in illegal properties.
Track each and every clause in the builder-buyer agreement
All property lawyers attach great importance to the builder-buyer agreement, and rightly so as it has a detailed account of the services and amenities are to be provided to the buyers. If you find that your developer is breaching the builder-buyer agreement and is not providing all the promised amenities and services, then you must take timely action.
While the above mentioned suggestions may help you avoid running into the risk of buying a proscribed property, there are no guarantees in the real estate arena. If you do find yourself in a situation where your developer or builder is violating the law, then here are some steps to protect yourself:
Form a group and approach the court of law
If the rights of other buyers have been compromised as well, then the best way is to form a group and to approach the builder with a request to adhere to the clauses that are mentioned in the builder-buyer agreement. If the builder is reluctant to do so, the next logical step would be to approach judiciary as a group.
Approach consumer court in the case of deficient or defective goods and services
Legally, you are entitled to receive every good and service that is mentioned in the builder-buyer agreement. If you find that the builder is providing you with deficient or defective products and services, then you must approach the consumer court. Similarly, the consumer court can be approached if you find that the builder is charging you in excess.
Register complaints in as many online and offline real estate forums as possible
More often than not, businesses of many real estate developers are impacted by the buzz on these online forums and hence such complaints are certainly going to build pressure on the builder to settle the case in your favor or at least to come to a healthy compromise.
The above mentioned steps and suggestions are sure to help and protect you from builder violations.
No comments:
Post a Comment