Guides · During buying
During buying · 6 min readAgreement for Sale — Red Flags
Reviewed against MahaRERA rules · Informational, not legal advice
The short version: The Agreement for Sale is where leverage is quietly written in the builder's favour. Read it for these clauses before you sign — many are negotiable if you catch them.
Clauses to flag
1
Vague or missing possession date
“Tentatively”, or a date tied to “receiving all approvals”, leaves the deadline open-ended — and guts your delay claim.
2
Asymmetric penalties
The builder pays a token ₹5/sq.ft for delay, but charges you 18% on a late instalment. It should cut both ways.
3
Super built-up pricing
RERA mandates pricing on carpet area. Watch for pricing or area quoted on super built-up.
4
Heavy forfeiture
Clauses letting the builder keep a large chunk if you cancel, even for their delay.
5
Unilateral changes
The right to alter the plan, layout or common areas without your consent.
6
Possession withheld for “future” dues
Keys only after you pay charges that aren't even due yet.
7
Waiver of RERA rights
Any clause asking you to give up remedies the law gives you.
What to watch for
- No carpet-area figure or floor plan attached to the agreement.
- “Standard company format, can't be changed” — clauses are negotiable before you sign.
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This guide is general information to help you ask better questions — it is not legal advice, and it doesn't replace your own advocate or the official MahaRERA portal. Rules, rates and builder practices vary; always verify against the current MahaRERA record and your project's documents before acting.