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Property Related Laws Maharashtra Ministry of Home Affairs Real Estate (Regulation and Development) Act, 2016

MahaRERA has issued non-negotiable clauses in model agreement for sale to prevent discrepancy

13-Dec-2022 | Order No. 39 / 2022

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued that the provision of the Act, Rules and Regulations shall be binding upon the promoter as well as 2 (two) clauses of the model form of agreement at Annexure 'A' of Rule 10 (1) of the Rules which are considered by the Authority as non-negotiable, irrespective of what is agreed
upon between the promoters and the allottees in the registered agreement for sale executed between the said parties and all such clauses in the registered agreement for sale shall be considered as void ab initio and not binding upon
the allottees.

However, the provisions of the Act, the Rules and Regulations as well as the 2 (two) clauses in the model form of agreement at Annexure 'A' of Rule 10(1) of the Rules should be mentioned in the clauses of the agreement for sale to be executed between the promoter and allottee and is the same is not incorporated or if the same are modified the above-mentioned direction shall apply.

For more details, please refer to the attached document.

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