Navigating the Real Estate Market: 5 Pitfalls Homebuyers Should Avoid

Discover the top five common pitfalls for homebuyers in India's real estate market, as highlighted by industry experts. Learn how to protect yourself from developer malpractices and ensure a smooth home-buying experience.

Real EstateHomebuyersReraProperty MarketDeveloper MalpracticesReal EstateMay 17, 2025

Navigating the Real Estate Market: 5 Pitfalls Homebuyers Should Avoid
Real Estate:India's property market is a complex landscape, presenting numerous challenges for homebuyers. From securing affordable home loans to handling project delays and developer malpractices, the journey can be fraught with obstacles. The Real Estate (Regulation and Development) Act (RERA) was implemented to provide significant protection for property purchasers' rights. However, as Sanjay Mandava, Founder and CEO of Landeed, points out, homebuyers must also perform thorough due diligence to fully benefit from these protections. RERA: A Guard Against Malpractices Since its inception, RERA has been a crucial regulatory body for addressing grievances in the real estate sector. Many dissatisfied buyers have approached RERA, and the regulator has often directed developers to compensate for delays or mismanagement. However, RERA's support is not unconditional. Mandava 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. Limitations of RERA 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, 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. Buyers Beware: Common Pitfalls 1. 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. 2. 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. 3. 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. 4. Modifying project timelines without legal advice might hinder buyers from claiming penalties. Even informal agreements can impact buyers adversely in RERA hearings. 5. Delay in filing complaints could lead to case dismissal due to a lack of statutory limitation periods, emphasising the necessity of timely action. 6. Finally, participants in pre-EMI or rental return schemes may find limited support from RERA, as these arrangements typically fall outside its regulatory scope. By being aware of these common pitfalls and taking proactive steps, homebuyers can navigate the real estate market more effectively and protect their investments. Consulting with legal experts and thoroughly reviewing agreements can go a long way in ensuring a smooth and hassle-free home-buying experience.

Frequently Asked Questions

What is RERA and how does it protect homebuyers? A: RERA, or the Real Estate (Regulation and Development) Act, is a regulatory body that provides significant protection for property purchasers' rights. It addresses grievances in the real estate sector and often directs developers to compensate for delays or mismanagement. Q: What are some common developer malpractices that homebuyers should watch out for? A: Common developer malpractices include one-sided clauses in buyer agreements, cash transactions to sidestep stamp duty, payment default issues, modifying project timelines without legal advice, and delays in filing complaints. Q: How do cash transactions affect a homebuyer's legal position? A: Cash transactions can compromise a homebuyer's legal position if refunds become necessary. They undermine the buyer's standing under RERA, making it difficult to claim compensation or penalties. Q: What should homebuyers do to protect themselves from payment default issues? A: Homebuyers should carefully examine payment schedules to ensure financial obligations are met. This can help prevent builders from being exempt from liability for delays, which could result in penalties or forfeiting compensation rights. Q: Why is timely action important when filing a complaint with RERA? A: Timely action is crucial because delays in filing complaints could lead to case dismissal due to a lack of statutory limitation periods. Homebuyers should act promptly to ensure their grievances are addressed.

Answer not available

Related News Articles

Small Cities, Big Opportunities: How Tier-2 and Tier-3 Cities are Revolutionizing the Real Estate Market
real estate news

Small Cities, Big Opportunities: How Tier-2 and Tier-3 Cities are Revolutionizing the Real Estate Market

Mid-tier cities like Faridabad, Lucknow, Vrindavan, Ludhiana, Chandigarh, Indore, Dehradun, and Jaipur are becoming hotspots in the real estate market, offering a low-cost, peaceful life and high returns on investment.

September 21, 2024
Read Article
PM Modi to Launch Multiple Development Projects in Maharashtra Worth Over Rs 56,000 Crore
Real Estate Maharashtra

PM Modi to Launch Multiple Development Projects in Maharashtra Worth Over Rs 56,000 Crore

Prime Minister Narendra Modi will visit Maharashtra on Saturday to launch several development initiatives costing over Rs 56,000 crore, including the BKC-Aarey JVLR section of Mumbai Metro Line - 3 and various agricultural and animal husbandry projects.

October 4, 2024
Read Article
Cornell University: Klarman Fellow Reveals Insights on Housing Costs
real estate news

Cornell University: Klarman Fellow Reveals Insights on Housing Costs

A Klarman Fellow at Cornell University has conducted a groundbreaking analysis of housing costs, providing new insights into the factors affecting real estate development and the built environment. This research has significant implications for urban plan

November 2, 2024
Read Article
Mumbai Real Estate Projects Halted by New Environmental Clearance Order
Real Estate

Mumbai Real Estate Projects Halted by New Environmental Clearance Order

The real estate sector in Mumbai is experiencing significant disruptions due to a recent directive from the National Green Tribunal (NGT). This order has led to the suspension of nearly 200 projects in the Mumbai Metropolitan Region (MMR), causing delays

December 30, 2024
Read Article
Bhubaneswar: SJTA to Launch Online Platform for Land Settlements
Real Estate

Bhubaneswar: SJTA to Launch Online Platform for Land Settlements

Currently, individuals occupying temple lands submit manual applications to SJTA for property sale or transfer. This process is set to become more efficient with the launch of an online platform.

January 18, 2025
Read Article
Mumbai Property Registrations Show Strong Growth in February 2025
Real Estate

Mumbai Property Registrations Show Strong Growth in February 2025

Mumbai witnessed a significant rise in property registrations in February 2025, with 12,056 units registered, according to real estate consultant Knight Frank India. This growth indicates a robust market recovery and increased investor confidence in the c

February 28, 2025
Read Article