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Property Related Laws Goa Ministry of Housing and Urban Affairs Real Estate (Regulation and Development) Act, 2016

Adherence to Model Format of Agreement For Sale

11-Aug-2023 | F.No: 1/RERA/Circulars/2019/798

Goa Real Estate Regulatory Authority has issued a Circular directing all existing promoters who have registered their projects with Goa RERA, as well as prospective promoters of real estate projects, to adhere to the Model Format of Agreement for Sale for transactions between promoters and allottees. Builders and developers should take note that Rule 10(1) and (2) within the Agreement for Sale, along with the explanatory notes provided in the Model Form of Agreement issued by Goa RERA, allow some room for modification and adaptation. This means that promoters can adjust the agreement based on the unique circumstances of each case. However, it's important to emphasize that any clauses that are required by law and are mandatory must be included in every agreement between the promoter and the allottee. Changes to the agreement that go against the law or contradict the provisions outlined in the Act, Rules, and Regulations will be considered null and void from the beginning. Additionally, the Ministry of Housing and Urban Affairs in New Delhi has recently communicated to all Real Estate Regulatory Authorities, through a letter dated 01/08/2023 (No. 0-17024/1059/2017-HOUSING SECTION- MHUPA- Part(10)/EFS9160777), that some builders have been including restrictive clauses in their Agreement for Sale (AFS). This action is not in line with the standard model AFS Rules established by the Ministry.

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