HomeLatestMaharashtra Introduces New Measure for Transparent Real Estate Brokerage Fees

Maharashtra Introduces New Measure for Transparent Real Estate Brokerage Fees

The Maharashtra Real Estate Regulatory Authority (MahRERA) has introduced a significant update to the model sale agreement. Clause 15A of the agreement now recognises the right of real estate brokers to receive clear and fair compensation for their services, whether in the form of commissions, fees, or remuneration. This change aims to address longstanding issues surrounding brokerage payments, ensuring both buyers and sellers are fully informed about their financial obligations.

Clause 15A is part of the Available for Sale (AFS) document, which builders use as a reference for drafting individual sale contracts. By clarifying the responsibility for brokerage payments—whether it lies with the allottee, the promoter, or both parties—this update seeks to prevent misunderstandings and disputes between real estate agents, buyers, and developers. Jinal Mehta, partner at Cyril Amarchand Mangaldas, highlighted that this addition will improve accountability and reduce conflicts, ensuring that all parties are clear on their roles. Although Clause 15A is not mandatory, its inclusion in the AFS is highly recommended for ensuring a structured and transparent approach. In cases where it is not included, experts suggest that brokers, promoters, and buyers should formalise a separate written agreement detailing payment obligations, milestones, and penalties for delays. The new clause is expected to have a direct impact on buyers by bringing more transparency to all financial dealings related to real estate agents. Alay Razvi, managing partner at Accord Juris, noted that this change ensures buyers are aware of any fees or commissions payable to the agent, potentially preventing future disputes.

However, experts caution buyers to thoroughly review their agreements to safeguard their interests. Kunal Sharma, partner at Singhania & Co., emphasised that the agreement should clearly outline payment terms, the timeline for payments, and the responsibility for covering brokerage fees. He also pointed out that a breach of Clause 15A by the promoter would not affect the buyer’s right to possession or ownership of the property. To avoid legal complications, buyers must ensure the agreement also includes a robust dispute resolution mechanism for any failure to make payments as per the terms outlined in Clause 15A. Failure to address these aspects could result in financial liabilities, delayed possession, and potential legal issues. This development marks a step forward in creating a more transparent and structured real estate market, giving buyers greater confidence and clarity when engaging with property transactions.

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -spot_img

Most Popular

Recent Comments

Land Records Checked for 44 Jaipur State Properties in Varanasi

Land Records Checked for 44 Jaipur State Properties in Varanasi

Varanasi’s property landscape is under fresh scrutiny as authorities verify the ownership and present status of 44 properties linked to the erstwhile Jaipur State....
Jaipur Resort Project Gets RERA Approval

Jaipur Resort Project Gets RERA Approval

Jaipur’s hospitality real estate market is set to gain a new large-scale resort development after the Rajasthan Real Estate Regulatory Authority approved the proposed...
India REIT Market Opens New Real Estate Route

India REIT Market Opens New Real Estate Route

India’s real estate investment landscape is expanding beyond direct property ownership, with listed Real Estate Investment Trusts giving investors access to commercial assets without...
India Senior Living Demand Reshapes Housing Market

India Senior Living Demand Reshapes Housing Market

India’s senior living market is moving beyond the traditional model of selling age-specific homes, as ageing demographics and changing household structures increase demand for...
Kolkata Residential Growth Gains Momentum Near EM Bypass

Kolkata Residential Growth Gains Momentum Near EM Bypass

Kolkata: A new 702-unit residential development in Jagaddal is adding to the housing supply along Kolkata's Southern EM Bypass corridor, where improving transport links...