Protecting Buyers Booking Flats Before RERA Legal Cover For Homebuyer part payments Maharashtra

Are you one of many who made homebuyer part payments Maharashtra or booked a flat in a project that turned out to be unregistered under RERA? If so, you’re not alone. Thousands of people across Maharashtra, lured by glossy brochures or verbal commitments, paid booking amounts to builders before RERA registration was enforced. But without legal safeguards, such payments can put your money and peace of mind at serious risk.

This article explains your rights as a homebuyer, especially in cases involving booking flat before RERA legal obligations were introduced. We’ll explore how RERA has transformed the real estate landscape, the protections it offers, and what steps you can take if you’re dealing with an unregistered project homebuyer rights issue.

Understanding the Legal Framework: RERA in Homebuyer part payments Maharashtra

The Real Estate (Regulation and Development) Act, 2016 (RERA) came into force on 1st May 2017. In Maharashtra, the act is implemented by MahaRERA. Before this law, developers operated in a loosely regulated market, where project delays, fund diversion, and unfair builder-buyer agreements were common.

RERA changed that. It mandates that:

• Projects with over 500 sq. metres or more than 8 units must be registered before advertising, booking, or accepting payments.
• Section 3 of the Act bars any such activity unless the project is registered.
• Section 13 prohibits builders from collecting over 10% of the flat cost without executing a registered Agreement for Sale.

If your flat was booked before the project’s RERA registration, you may still be protected under this law especially if the project is ongoing and has no Occupancy Certificate or Completion Certificate.

1. Common Issues Faced by Buyers Making Homebuyer Part Payments Maharashtra

• Delays Without Recourse

Buyers often face long delays in project completion, while builders avoid responsibility, especially when there’s no registered RERA project involved.

• No Binding Agreement

In many cases, buyers pay large sums but receive only a vague allotment letter or email. Without a registered Agreement for Sale, you have limited recourse.

• Unfair and One-sided Clauses

Builders may include clauses heavily favouring them. In recent MahaRERA orders, such unilateral agreements were struck down when they caused undue hardship to homebuyers.

• Lack of Transparency

Unregistered projects often hide essential documents like approvals, sanctioned plans, or timelines leaving buyers in the dark.

2. Case Example: Buyer Rights Upheld Even for Pre-RERA Booking

In a MahaRERA case involving delayed possession where the buyer had made homebuyer part payments Maharashtra, the authority clarified that ongoing projects without a Completion Certificate still fall under its jurisdiction even if bookings were made before RERA came into effect.

This means unregistered project homebuyer rights can still be enforced, depending on the status of the project.

3. Key Steps to Take If You’ve Made Homebuyer Part Payments Maharashtra

• Check RERA Registration

Visit maharera.mahaonline.gov.in to verify if your project is registered. If not, file a complaint for non-registration.

• Insist on a Registered Agreement

As per Section 13 of RERA, if you’ve paid more than 10%, the builder must execute a registered Agreement for Sale. Do not proceed without this.

• Maintain Complete Records

Keep proof of all your payments, communication with the developer, promotional materials, brochures, and even WhatsApp or email messages. These are critical if legal action is needed.

4. Legal Remedies for Homebuyer Part Payments Maharashtra

If you’ve made part payments and the builder failed to register the project, you still have several legal avenues under Indian law:

• File a Complaint with MahaRERA

Under Section 31, any aggrieved person can file a complaint. MahaRERA can direct project registration, issue penalties, or grant compensation.

• Claim Refund with Interest (Section 18)

If the builder doesn’t deliver possession on time, you can withdraw from the project and claim a refund with interest and compensation.

• Seek Possession with Compensation

If you still want the flat, RERA allows you to seek monthly compensation for delays until possession is granted.

• Consumer Forum

Under the Consumer Protection Act, you can also file a complaint for deficiency in service or misrepresentation, even for booking flat before RERA legal registration.

• Send a Legal Notice

What You Should Avoid

• Verbal Agreements

Avoid relying on oral commitments from builders or agents. Always insist on written documentation.

• Unregistered Agreement or Cash Payments

Never pay over 10% without a registered agreement. Avoid cash transactions to ensure there’s a legal record.

• Delaying Legal Action

Delay can weaken your position. If you’re facing issues, act quickly and seek help.

Professional Help Is Key

Every project and case is unique. If you’ve made homebuyer part payments Maharashtra, especially for an unregistered project, you must consult a property lawyer experienced in RERA and real estate law.

Tigde Law Firm recommends early consultation to protect your rights, review documents, and file timely complaints. Our legal team has helped hundreds of clients in similar scenarios.

Summary: Your Legal Awareness Can Save Your Investment

Booking flat before RERA legal registration can be risky but you’re not without recourse. RERA, along with consumer and civil laws, offers clear remedies for homebuyer part payments Maharashtra. Take proactive steps: check registration, demand legal agreements, preserve proof, and seek legal advice early.

Disclaimer

This article provides general information for awareness and does not amount to legal advice. For guidance specific to your situation, please consult a qualified legal professional. Laws and interpretations may vary by case, and expert assistance is strongly recommended before taking any legal action or making decisions based on this content.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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