Agreement checker

Is the carpet area stated as defined by RERA?Balcony and terrace areas should be shown separately, not mixed into a “super area”.

Is the total price given with a full break-up, and fixed?The price can rise only for government taxes and levies — not “cost escalation”.

If the final area changes, does the price adjust both ways?A refund for less area, not only a charge for more — and a way out if the change is large.

Is the payment plan linked to construction stages?And was no more than 10% taken before this agreement (Section 13)?

Is there a firm possession date?Not “tentative”, “subject to approvals” or counted from some future event.

Does the builder pay you interest for delay at the same rate you pay for late payment?RERA sets one rate for both sides — SBI’s highest MCLR + 2% in Punjab and Haryana.

Is force majeure limited to genuine events?War, flood, earthquake, epidemic — not “market conditions”, labour shortage or delays in approvals.

If you cancel, is the deduction limited to the booking amount?Not forfeiture of all instalments paid, and a refund within a fixed time.

If the builder fails to deliver, do you get a full refund with interest?Section 18 of the RERA Act.

Will the builder fix structural defects for 5 years from possession?Section 14(3) of the RERA Act — free of cost, within 30 days of being told.

Are specifications and amenities listed, with no changes without your consent?Flooring, fittings, lifts, power backup, clubhouse — and the approved plans.

Are the title, approvals and any mortgage on the land disclosed?Including the RERA registration number and the bank holding any project loan.

Is your parking described and allotted?Covered or stilt parking with a number — not open or common areas sold to you.

Do common areas go to the residents’ association?And is the builder bound to sign the conveyance deed as the law requires (Section 17)?

Are maintenance charges and responsibility clear?Who maintains the project until the association takes over, and at what charge.

Can you transfer the flat before possession, on stated terms?Any transfer fee should be stated and reasonable.

Does the dispute clause leave your RERA rights intact?An arbitration clause cannot take away your right to complain to RERA.

Will the agreement be registered?Section 13 requires a registered agreement for sale.

Are all owners named and signing?Check every co-owner signs; if someone signs for another, the power of attorney must be registered and valid.

Is the property fully described?Address, plot/unit/khasra number, area and boundaries — matching the sale deed and land records.

Is the title chain listed, with a declaration of clear title?Earlier sale deeds, and a promise that there is no mortgage, dispute, attachment or other agreement.

Are the price, earnest money (bayana) and balance clear, with dates?And paid by bank transfer or cheque, not cash.

Is there a fixed date for the sale deed?A clear deadline protects both sides.

Are the consequences of default fair to both sides?If you back out you may lose the earnest money; if the seller backs out you should get it back (often double) or be able to enforce the sale.

Will the seller clear all dues and get the NOCs?Property tax, maintenance, utility bills, and NOCs such as GMADA, the society or the bank.

If there is a home loan on the property, is the closure process stated?How the loan will be paid off and the original documents released.

Is TDS mentioned?1% if the price is ₹50 lakh or more; much higher if the seller is an NRI.

Are the possession date and condition stated?Keys, fittings, meters and all original documents.

Is it clear who pays stamp duty and registration?Normally the buyer — check the agreement says so.

Does the seller indemnify you against title defects and old dues?

Is it signed, dated, witnessed and on the right stamp paper?Two witnesses, and stamp duty paid as required.