Can a builder execute Agreement of Sale with clauses differ from one another in the same venture ?
ie. can my neighbor have an agreement of sale with clauses differ from mine?
pvlnapparao 09 January 2015
Can a builder execute Agreement of Sale with clauses differ from one another in the same venture ?
ie. can my neighbor have an agreement of sale with clauses differ from mine?
Yash (Sr. Manager - Legal) 10 January 2015
pvlnapparao 10 January 2015
My builder is constructing 540 flats in Ph 1 ( with 2 towers) . during 2012 I entered in to an agreement of sale (AOS)with him for the purchase of 1 flat.
about 175 flats have been sold with the same clauses in AOS . No mention of Phase 2 in these AOS.
Subsequently, the builder has acquired adjacent land(s) and started some more phases- for which entry and exit is through Ph1 area. Club house meant for Ph1 is also to be shared with the other phase people.
The builders after the first 175 , have made different clauses in the AOS - making the buyers agree for sharing all amenities , clubhouse etc.
My question is : Can the builder have different clauses for different buyers of the same venture? ie, my AOS is different from my neighbor's . Is it allowed ?
In continuation, I would like to have your suggestion sir .
1. No one in the venture have so far made Sale Deed. Since the builder is not proceeding further to complete this project and concentrating on his extension projects ( ie Ph 2, 3 etc) Not got NOC & OC also .
2. We have formed a Society with elected members ( all AOS holders as members)
3. trying to resolve the problem of sharing amenities ,clubhouse, our roads for in &out of the up coming projects by way of objection letters to the builders - already submitted - but there is no response from them .We do not want to compromise on this sharing . They are a very big group.
4. Can we call this as Cheating the first 175 AOS holders as well as the others who are making AOS now? if so how to proceed . Is it better to file cases ( ?) individually or from Society ?
5. All have paid 90-95% of the value of the flats and are suffering mentally and financially for making interests to bankers on loan, house rents and uncertainty of possession date .The builder from time to time changing the dates CASUALLY .
Request your guidance sir . with best regards
T. Kalaiselvan, Advocate (Advocate) 14 January 2015
It is better to have a legal opinion from a lawyer by showing all the relevant papers to him before going for purchase.