Buying a own flat or an own property is a dream for any individual who is doing well and has made something substantial out of his life. This is the reason why proper research is required before finalizing the property you have your eyes on. But, if you think that the process of research ends with finding the property, then hold on! It actually goes beyond the time you have given nod to the site and flat type. Once you sit down to sign on the dotted lines, it is the time you need to make the best use of your reading and interpretation skills. The sale agreement is the most important of all flat purchase documents that entails clear title and outlines the complete transfer process that defines the selling of property per se.
Every person is tempted to hire a lawyer to get the job of document verification done. It is certainly not so easy for any layman to get the whole process of transfer of rights of property done as knowing legal terms and clauses is not a virtue commonly found. But, knowledge can certainly help you get the job more easily done and you will be able to protect yourself from any kind of duping. The cruel fact is that the dealing in real estate is certainly more like fathoming the unknown waters; moreover, the lack of transparency makes the journey tougher, especially for newbies.
So, here are certain checks you can make while your lawyer is busy attending other cases. These tips can give you a clearer idea and better ownership of the property leaving no room for any kind of confusion in the future – near as well as far.
Tip no 1: Check for date of possession
The date of possession signifies the day on which the property is transferred from the builder to the buyer. This date is very important as it restricts the builder into a disciplined framework and ensures that the property is handed over to the buyer latest by the date decided. If there is any kind of deviance from the date happening at the builder’s end, the buyer is able to sue the selling party on the basis of agreement mentioning this important information.
Tip no 2: Check for KYC details of the seller
While buying a home, avoiding legal hassles is possible if the seller party is genuine. So, pay extra attention to the personal details of the seller. Ensure the authenticity of the information furnished by the seller and always insist for information such as PAN card, address, father’s name, land record number as maintained with local tehsil, etc. Get this information witnessed by two people each from both the buyer and seller.
Tip no 3: Look for termination clause
The flat purchase documents contain very important information called termination clause. Both the parties should be entitled to ‘termination by convenience’ if the code of conduct is ignored by either of them. This clause also talks about the consequences that either of the parties might face in case of defaulting from the code of conduct.
Tip no 4: Dispute Resolution Clause
If you want to avoid lengthy legal litigations, the best way to do so is by including the dispute resolution clause. Any penalty applicable as a result of resolving the dispute is also mentioned in the dispute resolution clause or separately as per the consent of both the parties. Legal litigations can be avoided if the guidelines to resolve the disputes are clearly explained in the property purchase document.
Tip no 5: Check Payment Schedule
It is important for both the parties to agree upon the payment schedule. Knowing whether the payment is required in lump sum or in installments can help the buyer plan things better. Thus the payment schedule clause must be included in the stamped document to avoid any kind of ambiguity or confusion in the future.
Some Legal Documents to check before buying property – site and construction related
Location of the house and its design or layout etc is the prime deciding factor that propels any buyer towards a property. So, the buyer is sure to feel cheated if what is promised is not delivered to him. The buyer can secure his interests to the best by checking documents such as:
- Approved building plan: Whether the builders have got the necessary approvals accorded by the designated authorities is a thing one must know before buying the property. You can go for the legal cover if all the approved plans are in your hand before the transfer of property. Many builders take the short cut and may deviate from the plan sanctioned legally. Thus, the buyer may get stuck in legal clearances if the approved plans are not adhered to.
- Construction plan: The builder is bound to deliver whatever is promised in the construction plan. A sea view apartment has to be sea view. Moreover, the size of rooms, orientation of flat etc are some of the construction features that should be entailed in a legal document. So, ask for the construction plan before signing the deal.
What document to ask for before signing the actual document? Of all the list of legal documents to check before buying property, the buyer must get the draft agreement prepared. Getting this document in advance can help you understand all the terms and clauses clearly and any changes required can be taken care of before signing the final paper.
Buying a home is certainly a tricky process. In the present times, a flat is considered a less risky property than an independent villa or bungalow or plot. But, while buying a flat also, one cannot rely upon the builder blindly. Builder’s reputation, customer service and ability to hand over the property on time are some of the features one must study before buying a flat. A little caution at the start can pave way to happier and peaceful ending. So, be attentive than being sorry later!
