Avoiding Common Pitfalls in India's Real Estate Market: 5 Tips for Homebuyers

Discover the top five mistakes homebuyers should avoid in India's real estate market, as highlighted by experts like Sanjay Mandava and Pranav Gupta.

Real EstateReraHomebuyersProperty MarketDeveloper MalpracticesReal Estate NewsMay 17, 2025

Avoiding Common Pitfalls in India's Real Estate Market: 5 Tips for Homebuyers
Real Estate News:India's property market presents considerable challenges for homebuyers, from securing affordable home loans to handling project delays and developer malpractices. To address these issues, the Real Estate (Regulation and Development) Act (RERA) was implemented, providing significant protection for property purchasers' rights. Since its inception, many dissatisfied buyers have approached RERA to resolve grievances, with the regulator often directing developers to compensate for delays or mismanagement. However, as Sanjay Mandava, Founder and CEO of Landeed, highlights, RERA's support might wane if homebuyers fail to perform thorough due diligence. He explains that while RERA establishes a strong framework to tackle builder-induced delays, some exceptions do exist. These typically involve factors related to the actions of the buyer, the developer, or unforeseen matters such as government policies and force majeure events. RERA's protections apply primarily to projects underway or commenced after its enforcement, leaving buyers of pre-RERA projects with limited options. According to Maneesha Kongovi, a partner at IndusLaw, older project complaints can only be made concerning breaches of specific obligations, with challenges on issued plans or occupancy certificates often not entertained by RERA. Additionally, as Mandava notes, properties under 500 square metres or containing fewer than 8 units may not fall under RERA's jurisdiction, pushing buyers to seek redress in consumer or civil courts. Potential homeowners should remain vigilant against certain developer practices. Pranav Gupta, a legal advisor, warns that buyer agreements often feature one-sided clauses favouring developers, which can preclude future claims if not carefully reviewed. Cash transactions, frequently employed to sidestep stamp duty, can compromise the buyer's legal position if refunds become necessary. Gupta advises that such transactions undermine a buyer's standing under RERA. Payment default issues can exempt builders from liability for delays, potentially resulting in penalties or forfeiting compensation rights. Mohit Adatiya from NPV Insolvency stresses careful examination of payment schedules to ensure financial obligations are met. Modifying project timelines without legal advice might hinder buyers from claiming penalties, Gupta points out. Even informal agreements can impact buyers adversely in RERA hearings. Delay in filing complaints could lead to case dismissal due to a lack of statutory limitation periods, emphasising the necessity of timely action. Finally, participants in pre-EMI or rental return schemes may find limited support from RERA, as these arrangements typically fall outside its regulatory scope.

Frequently Asked Questions

What is RERA and how does it protect homebuyers? A: RERA (Real Estate Regulation and Development Act) is a regulatory framework that provides protection for homebuyers' rights. It ensures transparency, accountability, and timely delivery of projects by developers. RERA can direct developers to compensate for delays or mismanagement. Q: What are some common pitfalls that homebuyers should avoid? A: Some common pitfalls include failing to review buyer agreements carefully, engaging in cash transactions, defaulting on payments, modifying project timelines without legal advice, and delaying complaint filings. Q: Why is due diligence important for homebuyers? A: Due diligence is crucial as it helps homebuyers identify potential issues with the property or developer. It ensures that all legal and financial aspects are properly addressed, reducing the risk of future disputes or financial losses. Q: What should homebuyers do if they encounter delays in their project? A: Homebuyers should promptly file a complaint with RERA if they encounter delays. They should also document all communications with the developer and keep records of payments and agreements. Q: What are the limitations of RERA's protection? A: RERA's protections apply primarily to projects underway or commenced after its enforcement. Pre-RERA projects and properties under 500 square metres or fewer than 8 units may not fall under RERA's jurisdiction, requiring buyers to seek redress in consumer or civil courts.

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