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Siddhartha Ghosh (Sr. Engineer)     13 February 2013

One sided builder buyer agreement

Dear Experts,

I have invested in a project & paid 20% amount. I booked this flat in August 2012, but received allotment letter in January 2013. By that time I already paid 20%.

My contsruction of tower has still not started and I am getting no clear cut communication from builder.

Major point of worry is ONE SIDED AGREEMENT. Though, I still haven't received Builder Buyer Agreement, but I heard about many Clause like  undefined & uncertain "Escalation Cost" & "Super Area". There is no ceiling limit mentioned.

In every case, I seems to be defaulter and builder in safe position.

Will I get trap in this, if I decide to continue? Is there any way out legally?



Siddhartha Ghosh




 2 Replies

Ibrahim Deshmukh (Legal Consultancy)     16 February 2013

I believe you have booked your Flat in Maharashtra State, if so then you will need to issue a Legal Notice to the builder to enter into Agreement to Sale. 

As per  Section 4 of  MOFA ACT 1963, an Agreement for sale must be executed and registered on accepting payment or deposit from the intending purchaser for flat/s. 

The agreement must provide details about the title to the property, materials used for construction of the said flats, common areas, Building plans and specifications etc.

On accepting 20% of advance payment as booking amount for a particular Flat, the builder is legally duty-bound to enter into Agreement to Sale and co-operate with you as buyer to register the same.

If builder is not receiving your Legal Notice, don't worry, with the said "Undelivered Envelop" you will need to approach District Consumer Court for rederasal of your query.

Ibrahim Deshmukh
Legal Consultant
Email : ibdesh@gmail.com


Satyandar Yadav (Independent Practice)     17 February 2021

can i get the format of legal notice under sec.4 of mofa act.

thank you

email: satyayadav70@gmail.com

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