'Binding agreement clauses cannot be changed by bldrs'

Although Maha RERA has prescribed the model form of agreement between buyer and builder, such agreement is allowed to be modified and adapted on a case-by-case basis.

- Adv Shirish V Deshpande

The model agreement does not mark any clauses, which are mandatory and non-negotiable. Hence, it is seen that many builders are seen modifying clauses in such an agreement, which is in violation of important RERA provisions. A common buyer is not so well-versed about his rights as well as builder's obligations under RERA. How does the buyer protect himself if he has signed an agreement wherein important terms have been modified by the builder? -Abhay Datar, Girgaum

The Real Estate (Regulation and Development) Act, framed by the Maharashtra government, has prescribed a model format of agreement of sale between buyer and builder with a view to protect the interest of buyers. It is true that the clauses in the model agreement are allowed to be modified by builders depending on facts and circumstances. Similarly, it is also true that the model agreement does not mark any clauses therein which are mandatory and non-negotiable. Hence, many builders are seen taking undue advantage of this gap and modifying or even omitting certain clauses to the detriment of the buyers.