RERA Matter

RERA Legal Services at MAK Legal: Ensuring Fairness and Transparency in Real Estate Transactions

The Real Estate (Regulation and Development) Act, 2016 (RERA) was established to promote transparency, accountability, and efficiency in the real estate sector. RERA provides a framework for the regulation of real estate transactions, focusing on the protection of consumers, promoters, and real estate agents. At MAK Legal, we offer specialized legal services to address RERA-related issues, ensuring that your rights as a buyer, seller, or real estate professional are fully protected.

What is RERA?

The Real Estate (Regulation and Development) Act, 2016 (RERA) aims to:

1. Promote transparency and efficiency in real estate transactions.
2. Protect the interests of homebuyers and investors.
3. Establish regulatory authorities in each state to oversee real estate transactions.
4. Ensure fair practices and avoid malpractice in real estate development.

RERA applies to both residential and commercial real estate projects, including builders, developers, real estate agents, and homebuyers.

Key Provisions of RERA

1. Project Registration: Every real estate project involving the development of 500 square meters or more must be registered under RERA before advertising or selling.
2. Disclosure Requirements: Developers must disclose key project details, including project layout, completion timelines, and legal clearances.
3. Builder and Developer Accountability: Developers are responsible for timely delivery, adhering to project specifications, and ensuring quality.
4. Homebuyer Protection: Buyers are entitled to project delivery as promised, with penalties for delays or non-compliance with contractual agreements.
5. Real Estate Agents Regulation: Real estate agents must register with RERA to ensure professional and ethical conduct in real estate transactions.
6. Defects Liability: Developers are liable to repair any defects in the building for up to 5 years after possession.
7. Adjudication and Penalties: RERA provides mechanisms for the adjudication of disputes and penalties for violations of its provisions.

Common RERA Disputes

1. Delayed Possession and Completion: Developers failing to deliver projects on time or missing deadlines as promised in agreements or advertisements.
2. Non-Compliance with Promised Specifications: Disputes arise when developers fail to deliver properties as per the specifications mentioned in agreements.
3. Title and Ownership Issues: Buyers may face issues related to the title of the property or legal claims on the land where the project is being developed.
4. Misleading Advertisements and False Promises: Disputes occur when developers make false promises regarding the completion date, amenities, or features that are not delivered.
5. Defects in Construction: Issues related to poor construction quality, structural defects, or faulty materials used in building the property.
6. Non-Registration of Projects with RERA: Developers failing to register their projects with RERA or violating registration norms.
7. Consumer Rights Violations: Homebuyers facing issues related to the violation of their rights under the RERA Act, such as improper refund procedures, lack of possession, etc.

Our RERA Legal Services

1. Project Registration and Compliance: We assist developers in registering their projects under RERA, ensuring that they comply with all statutory requirements.
2. RERA Dispute Resolution: We help resolve disputes related to delayed possession, non-compliance, or false promises through RERA’s adjudication system, arbitration, or litigation.
3. Consumer Protection: We represent homebuyers facing issues such as project delays, non-delivery, substandard construction, or misrepresentation by developers, helping them secure compensation, refunds, or possession.
4. Drafting and Reviewing Agreements: We draft and review agreements, including sale deeds, builder-buyer agreements, and construction contracts, ensuring that they comply with RERA provisions.
5. Claims for Compensation and Refunds: We help homebuyers and investors claim compensation for delays, defective properties, or violations of contractual terms.
6. Title Disputes: We assist buyers and developers in resolving title disputes related to property ownership, project land, or encumbrances.
7. Real Estate Agent Issues: We provide legal support for disputes involving real estate agents, ensuring that they comply with RERA regulations and handling complaints related to unethical conduct.
8. Defects Liability: We help clients seek redress for structural defects or construction-related issues under the warranty provisions outlined in RERA.
9. Penalties and Compliance Actions: We represent developers or buyers in cases where RERA penalties are imposed, and we work to mitigate penalties or defend against unjust actions.
10. Legal Remedies Against Non-Registered Projects: We provide assistance when developers fail to register projects under RERA, ensuring buyers' interests are protected.

Steps in Resolving RERA Disputes

1. Initial Consultation: We begin by understanding the dispute, reviewing relevant documents (agreements, project details, etc.), and identifying the issues at hand.
2. Filing a Complaint with RERA: We assist clients in filing complaints with the concerned RERA authority, ensuring all necessary information is submitted in a timely manner.
3. Alternative Dispute Resolution (ADR): Where possible, we explore ADR methods like mediation or arbitration to resolve disputes efficiently without resorting to lengthy litigation.
4. Representation Before RERA Authorities: If the matter requires litigation or adjudication, we represent clients before RERA authorities, ensuring that their rights are upheld.
5. Claiming Compensation or Refunds: We guide homebuyers through the process of claiming compensation for delays, defects, or non-fulfillment of contractual terms.
6. Enforcement of RERA Orders: If a decision has been made by RERA and the opposite party fails to comply, we assist in enforcing RERA’s orders, including seeking refunds, penalties, or timely possession.

Why Choose MAK Legal for RERA Matters?

• Expertise in Real Estate Laws: We have a deep understanding of RERA and its implications on developers, homebuyers, and real estate professionals.
• Proven Track Record in Dispute Resolution: We have a strong track record of successfully resolving RERA disputes, ensuring that our clients receive fair compensation, possession, and justice.
• Comprehensive Legal Support: Our services cover all aspects of RERA, from registration and compliance to dispute resolution and post-dispute enforcement.
• Representation at RERA Forums: We represent clients in RERA forums, ensuring that their interests are fully protected and that they are fairly compensated for delays, defects, or breach of contract.
• Timely and Efficient Solutions: We focus on resolving disputes quickly and effectively, ensuring that homebuyers and developers alike can move forward with confidence.
• Transparent and Client-Centric Approach: We maintain open communication with our clients, offering them transparent, honest, and dedicated legal services throughout the process.

Contact MAK Legal Today

If you are a homebuyer, developer, or real estate agent involved in a RERA dispute or need assistance with RERA compliance, MAK Legal is here to help. Our experienced RERA lawyers provide personalized, expert legal solutions tailored to your needs.