Agreement of sale
pvlnapparao
(Querist) 09 January 2015
This query is : Resolved
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 ?
B K Raghavendra Rao
(Expert) 09 January 2015
Agreements are individual and different. Whatever the terms and conditions are mentioned in an agreement are binding on the parties to that particular agreement. Hence, there could be different clauses for different buyers of the same venture. However, if any loss or unfair practice is experienced in the agreement, it could be agitated in a suit on a limited risk.
pvlnapparao
(Querist) 10 January 2015
Dear Sri BKRR garu
Thank you very much for your response .
With best regards
apparao
Rajendra K Goyal
(Expert) 10 January 2015
Builder can have different clauses for different buyers of the same venture.
