Introduction: Our big family is giving their small land to a builder. He will develop a G+4 bldg. My father will get a flat (apartment) and 1.5 lakhs DD. We have started reviewing “The Builder-Landowners Agreement “. We have sent our comments/questions to the builder. The builder gave us comments and not agreeing on some points. Can you guys tell me if my questions/comments to the builder are justified or practical? Please check if the builder is trying to cheat us by not agreeing to our initial comments.
Questions to Builder:
1. Me: Asked the Builder to include the Carpet Area of our flat along with Built Up area and include the Carpet Area Definition.
Builder: In development agreements we never talk about Carpet area. Carpet area is talked about in Purchase Agreements occasionally. Built Area will be mentioned only.
Proposed Plan, Sanctioned Plan, Completion letter:
2. Me: Proposed Plan, Sanctioned Plan, Municipal Corp Completion letter and Flat Possession letter should be defined appropriately in the Agreement
Builder: All can be made available after the final Registered Development Agreement is done.
3. Me: Asked the builder to add the clause in the agreement: “Final Proposed Plan (signed by the Architect-Registration number Seal) should need landowner’s signature and written approval before submission to the Local Municipal Corporation.”
Builder: Not answered clearly.
4. Me: Copy of Sanctioned Plan from Local Municipal Corporation should be submitted to landowners within 6-9 months of Proposed Plan submission.
Builder: Final plan will be supplied to the Landowners not before 16 months if not at the time of handover to landlords.
More Carpet Area
5. Me: Mention also Carpet Area of the flat, Garage and Shop allocated to landowners.
Builder: Covered area only will be described. We never talk about Carpet area either with Landlords or Purchaser.
6. Me: Add New Paragraph with Clause: “In the event if any portion of the flat allocated to landowners does not comply with the Sanctioned Plan then this agreement is void. All expenses are forfeited.”
Builder: We are not ready. With all the expenditures made till date being refunded, we are ready to release / quit this project.
7. Me: Electric connection. Builder’s responsibility to provide electric connection. (We know you are not going to paint inner wall of the flat. At least you should provide electric connection in the name of landowner)
Builder: All electric supply meter and main power supply (including transformer) related expenditures will have to be paid by the Land Lords like other occupants / purchasers and shop owners.
8. Me: Add two pages in the Agreement with 2nd Floor: Floor Plan (Landowner’s Floor Plan) showing the Carpet area of each room and location of the flat.
Builder: No final plan can be made until and unless we are demolishing the existing structure on the plot. A total survey is needed on the empty land.