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Developers must display land records prior to purchase, according to a Karnataka official

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The judgment was made in a case involving a luxury building in Sarjapura, an area of eastern Bengaluru known for its IT hub, where a homebuyer decided to postpone their purchase when the builder refused to provide land title documents.

The purchaser made the decision to switch to KRERA in January 2020 in order to get his money back from the developer.
According to a ruling by the Karnataka Real Estate Regulatory Authority (KRERA), developers must give buyers of homes proof of their land title before signing a sale transaction.
The decision was made in a case involving an opulent development in Sarjapura, the eastern Bengaluru IT corridor.

The consumer paid Rs 2 lakh to reserve an apartment, but she postponed making the purchase because the developer, RD Buildtech and Developers Pvt. Ltd refused to provide the land ownership paperwork.

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The case

The purchaser made the decision to switch to KRERA in January 2020 in order to get his money back from the developer.

According to the KRERA judgment dated May 12, “The promoter has the obligation under the law to make the documents available to the homebuyers before the purchase.”
The developer had informed the homebuyer that the land title was clear of any lawsuit, according to KRERA. In addition, before sending the documents to the business, the developer required the homeowner to pay the booking fee.

The developer provided the home buyer a number of paperwork after the down payment but omitted several related to the property title.

The developer refused to refund the booking fee when the prospective buyer thought about delaying their decision to buy the flat.

KRERA discovery

The authorities noticed that the sale agreement had not been signed by the developer or the homebuyer.

The developer neglected to reimburse the homebuyer for the money despite many requests and legal letters.

“A homeowner who decides to acquire an apartment must exercise extreme prudence before making the investment. The decree said that it was also his duty to confirm the legitimacy of the land parcel.

The order further stated that the homebuyer’s claim cannot be disputed in this instance.

The developer refused to refund the booking fee when the prospective buyer thought about delaying their decision to buy the flat.

The document’s conclusion reads, “The developer is directed to refund the booking amount and cancel the booking within 60 days.

According to attorneys, a number of plots in Bengaluru are mired in legal disputes that can cause months or even years of delay for projects. And in a few instances, the developers don’t reveal their land titles until after the sale contract has been finalized.

According to one advocate, “this order will largely ensure that homebuyers can verify the land parcels before they sign the sale agreement.”

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