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

Chennai Steel Fraud Probe Raises Industry Concerns

Chennai Steel Fraud Probe Raises Industry Concerns

Enforcement authorities conducted searches at multiple steel-related business locations in Chennai as part of an investigation into an alleged financial fraud estimated at more...
Madhya Pradesh Cement Investment Raises Sustainability Questions

Madhya Pradesh Cement Investment Raises Sustainability Questions

HeidelbergCement India has received regulatory approval for a grinding unit in Madhya Pradesh’s Khandwa district, signalling continued investment in cement capacity as infrastructure construction...
Birla Opus Campaign Highlights Urban Housing Maintenance

Birla Opus Campaign Highlights Urban Housing Maintenance

India’s growing home improvement market is increasingly reflecting deeper concerns around housing quality, climate durability and long-term maintenance, as paint manufacturers sharpen their focus...
India Cements Board Review Signals Market Attention

India Cements Board Review Signals Market Attention

India Cements is scheduled to review its financial performance for the latest fiscal period later this month, with market observers closely watching how cement...
Jindal Steel Decline Reflects Market Infrastructure Concerns

Jindal Steel Decline Reflects Market Infrastructure Concerns

Jindal Steel shares extended their losing streak for a fifth consecutive trading session, reflecting growing investor caution around industrial demand, commodity volatility and the...