• Rera-US property resal transfer charges to deveoper

I am in prcess of buying a resale property from an investor. Property is under construction. as mentioned in teh oriiginal buyer agreement the builder is demanding 2% as transfer fees.

post rera can a developer demand this ? as such i dont want to go for a long drawn battle , but want to know if tehre is any such provision in rera
Asked 6 years ago in Property Law
Religion: Hindu

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5 Answers

1)builder would not transfer flat in your name until transfer charges are paid . to obtain bank loan NOC from builder is required

2)it is responsibility of transferor to pay the transfer charges

3)refuse to pay the transfer charges . wait for society to be formed .

4) check whether builder has registered project under RERA . complain against the exorbitant charges demanded by builder

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Hello,

As per RERA only the first transfer is free of charge rest investor will have to pay if you are purchasing it from the investor, you can check if the project is registered under RERA and can then make a complaint thereupon.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Any legal proceedings will take a long period .. If you object it , you have to approach consume forum ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

It depends on the terms and conditions mentioned in the application form or in builder buyer agreement. In maximum cases, first transfer is free and rest is chargeable depending on the resale value of the concerned property.

As per RERA:

In case of not adhering to the rules, the builder stands not only to lose the registration of the project too but may also be punishable by imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent of the estimated cost of the real estate project, or both. Some states have, however, compounded the offence to avoid imprisonment of the developers.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

1. Under RERA only the first transfer is free of cost, whereas for the subsequent transfers the cost has to be paid.

2. Tell the builder to show that the project is registered under RERA and then file a complaint.

3. Refuse to pay the transfer charges.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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