Can a builder forfeit a booking amount? RERA, Consumer Law and Supreme Court Position

A builder cannot mechanically forfeit the entire booking amount merely because the homebuyer cancels the booking. Under RERA, a promoter cannot accept more than 10% of the cost of the apartment, plot or building as advance payment without first entering into a written agreement for sale. In builder-buyer disputes, forfeiture must also satisfy the test...

Read More

RERA Complaint vs Consumer Complaint: Which Forum Should a Homebuyer Choose?

Confused between RERA and Consumer Commission? Learn which forum is better for delayed possession, refund, compensation and builder-buyer disputes.

Read More

RERA VS IBC: NAVIGATING THE COMPLEXITIES AT THE INTERSECTION OF LANDOWNERS, DEVELOPERS, BUILDERS, AND ALLOTTEES

INTRODUCTION TO RERA V IBC This paper explores the overlapping jurisdictions of the Real Estate (Regulation and Development) Act (RERA) and the Insolvency and Bankruptcy Code ( IBC ) and the conflicts that arise when these legal frameworks intersect in real estate disputes. With developers increasingly embroiled in insolvency proceedings under IBC, the interests of...

Read More

Rights of Real Estate Agents under the RERA Act in India

Rights of Real Estate Agents under the RERA Act in India Real estate agents , The Real Estate (Regulation and Development) Act, 2016 (RERA) has been instrumental in streamlining and regulating the real estate sector in India. While the act primarily focuses on protecting the rights of property buyers and enhancing transparency and accountability in...

Read More