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How Does RERA Protect Buyers?

Answer By law4u team

Definition: The Real Estate (Regulation and Development) Act (RERA) is a regulatory framework designed to protect the interests of homebuyers and promote transparency and accountability in the real estate sector.

How RERA Protects Buyers:

1. Project Registration:

  • Mandatory Registration: Developers must register their real estate projects with RERA before advertising or selling. This ensures that only approved projects are marketed to buyers.
  • Disclosure of Project Details: Developers must provide detailed information about the project, including timelines, specifications, and legal status, which must be disclosed to buyers.

2. Timely Delivery:

  • Completion and Possession: RERA mandates that developers must complete and deliver projects within the stipulated time frame. If there are delays, developers are required to compensate buyers.
  • Penalties for Delay: Developers must pay interest or compensation for delays in possession, protecting buyers from prolonged waiting periods.

3. Transparent Pricing:

  • Clear Pricing Structure: RERA requires that the pricing of the property be clearly mentioned in the agreement. Any additional charges or alterations must be transparently communicated to buyers.

4. Quality of Construction:

  • Defects Liability: Developers are responsible for rectifying structural defects and poor quality of construction for up to five years from the date of possession.
  • Warranty Period: The Act provides for a warranty period during which buyers can seek redressal for defects in construction or finishing.

5. Escrow Accounts:

  • Separate Accounts: Developers must maintain an escrow account where 70% of the project funds are deposited. This ensures that funds are used exclusively for project construction and not diverted elsewhere.
  • Financial Accountability: Ensures financial discipline and accountability, protecting buyers' investments.

6. Regulatory Oversight:

  • Grievance Redressal: RERA provides a platform for buyers to file complaints and seek redressal for grievances related to project delays, quality issues, or non-compliance by developers.
  • Appellate Tribunal: Provides an appeal mechanism for resolving disputes if buyers are dissatisfied with the decisions of the RERA authority.

7. Legal Recourse:

  • Contractual Obligations: Buyers have the right to enforce the terms of the sale agreement, including timelines, quality standards, and possession rights.
  • Consumer Protection: RERA acts as a consumer protection measure, providing legal recourse for buyers against errant developers.

8. Transparent Agreements:

  • Standardized Agreements: Ensures that agreements between developers and buyers are standardized, fair, and compliant with RERA regulations.

Summary: RERA protects buyers by ensuring project registration, timely delivery, transparent pricing, quality of construction, and the maintenance of escrow accounts. It provides mechanisms for grievance redressal, legal recourse, and enforces standardized agreements, promoting transparency and accountability in the real estate sector.

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