26 Oct-2021

Check Before You Buy: Know Your Rights As An Apartment Buyer

Posted onOct 26, 2021
Investment strategies in Kerala, Kerala

Buying an apartment can be an overwhelming endeavor, and there are so many facets to consider. With countless laws governing the real estate market, it may seem impossible to know exactly what you?re signing up for when buying a property. It is therefore vital to have a basic idea of what the contract entails before signing it. There are various laws pertaining to the sale of real estate in Kerala which are meant to safeguard the interests of both buyers and sellers. To avoid possible problems, homebuyers must be informed of such laws and their rights under them. Here are some must-read rights of a property buyer in Kerala to help prevent any potential issues related to apartment buying.

?  Right to Get Information                                                                                                                        

One of the key rights for buyers when buying a new apartment is the right to get complete information about the project they are investing in. So, the homebuyer can use this right to access all project information, legal sanctioned plans, building layout plans, RERA registration number & other specifications approved by the responsible authorities. After all, your home is one of the largest purchase decisions you will make, and by having access to all the information at your fingertips, you can be sure that your choice was the best one for you.

?  Right to Understand Construction Schedule

The prospective buyer has the right to be informed of the project's step-by-step completion schedule, which includes provisions for electricity, water, sanitation, and other services and facilities stated in the sale agreement's terms and conditions.

?  Right for Inspection

Before you buy an apartment, you have the right to inspect it and make sure it's in good condition. If it is an under construction project, you also have the right to inspect the project's progress. This right of the buyer to inspect the property before making full payment is intended to help minimize disputes and claims of misrepresentation at a later stage.

?  Right to Claim a Refund

As per RERA rule, the homebuyer has the right to claim a refund when the builder fails to deliver possession of the apartment property according to the terms stated in the sale agreement. In such cases if any dispute arises between builder and homebuyer in terms of refund, RERA could help the homebuyer to get the refund amount. The National Consumers Defense and Research Center (NCDRC) has ruled that buyers are entitled to a refund if possession is delayed for more than a year after the builder's agreed time. As per NCDRC, if projects are not delivered within that specified time frame, the developer is required to repay the full amount plus 10% interest.

?  Right to Claim Possession

The right to claim possession of an apartment could be considered one of the most important rights that a buyer has over the property. This right helps the buyer get his or her hands on the property once all of the necessary formalities have been completed, and the required payment has been made. So, as a homebuyer, you have the right to claim possession of the apartment, provided the builder has handed over all the essential documents, such as the completion certificate, rights to use common areas, if any, and building insurance, which is compulsory under the law.

?  Right to receive benefits in value

Following the transfer of ownership of the apartment from the builder to the buyer, the buyer is entitled to any increase in the property's value, as well as the rents and gains generated by the property. After the deal, the builder may have no claim to the benefits of the apartment property.

?  Right to File a Complaint about the Modifications

As per RERA rules, a buyer has the right to file a complaint if a builder makes any changes to the permitted plans, floor plans, fittings, and amenities without the consent of at least 2/3rds of the allottees, apart from the promoter, who have agreed to purchase an apartment in a building.

?  Right to Get the Title Deed

The seller's title to the property is transferred to the buyer when the deed is signed. The seller must officially confirm that the property is wholly free and clear of any legal encumbrances. The buyer owns the legal rights to the property once the title deed has been registered.


You have been educating yourself about your rights as a homebuyer, drawing you one step closer to getting your perfect dream home. If you're looking for the most trustworthy and responsible builder in Kerala to own your dream apartment, Varma Homes is a wise choice. We bring you a broad range of apartments that match your desires & balance your lifestyle in your favoured locations in Kerala. Get ready & never hesitate to buy an upcoming or under-construction apartment with the most trustworthy real estate builder, like Varma Homes, as all our ongoing projects are registered under RERA. We have strictly followed traits such as on-time delivery, top-notch quality, and trust since the inception of our apartment projects, which has made VARMA HOMES the best of the rest!

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