AGREEMENT TO SELL AN UNDER-CONSTRUCTION FLAT
- PARTIES AND TRANSACTION
This agreement is made on __________ between __________, of __________, and __________, of __________.
The subject matter is the proposed purchase of unit __________ in __________, located at __________.
Seller capacity: __________. Possession when signed: __________.
- PRICE AND PAYMENT
The total sale consideration is __________. Earnest/token money is __________, leaving balance consideration of __________.
Payment mode: __________. Payment schedule: __________.
Tax withholding: Buyer will deduct and deposit tax where the applicable income-tax provision requires it.
- TITLE, DOCUMENTS AND DILIGENCE
Seller relies on the following title/allotment/conveyance record: __________.
Diligence position: __________. Objections should be raised by __________.
Encumbrance covenant: __________.
Dues: __________.
- PROJECT AND UNIT
Project: __________ by __________, RERA registration __________. Unit: __________. Area: __________. Booking status: __________.
- RERA ADVANCE AND PAYMENT FRAMEWORK
Total unit cost: __________. Amount paid before agreement: __________. Section 13 position: __________.
For a promoter sale in a project to which the Real Estate (Regulation and Development) Act, 2016 applies, section 13 bars the promoter from accepting more than ten per cent of the cost as advance/application fee without first entering into a written agreement for sale and registering it as required by that provision.
Promoter payment plan: __________.
- PLANS, SPECIFICATIONS AND PARKING
Specification basis: __________.
Parking: __________.
- POSSESSION, DELAY AND ASSIGNMENT
Promised possession date: __________. Delay remedies: __________. Assignment before possession: __________.
Statutory rights under RERA that cannot lawfully be waived are not displaced by a contrary private clause.
- COMPLETION AND CONVEYANCE
The parties will complete the sale and execute/register the required conveyance by __________, subject to the conditions stated in this agreement.
Section 54 of the Transfer of Property Act, 1882 treats a contract for sale as an agreement that a sale will take place on settled terms; the contract does not by itself create an interest in or charge on the property. The final transfer of ownership must occur through the legally required conveyance/registered instrument.
- DEFAULT AND REMEDIES
Buyer default: __________. Seller default: __________.
Any forfeiture or stipulated default amount must be read with section 74 of the Indian Contract Act, 1872: the aggrieved party may recover reasonable compensation not exceeding the amount named or penalty stipulated; the document should not describe a punitive sum as automatically recoverable merely because it is labelled earnest money.
Time treatment: __________.
- ASSIGNMENT, BROKERAGE AND NOTICES
Assignment: __________. Brokerage: __________. Notices: __________.
4A. RERA PROJECT IDENTITY
The project name, phase, promoter entity and registration number should match the Authority record rather than a brochure name alone. If the unit is in a particular phase or tower registered separately, the correct registration should be used. The buyer should retain the project-registration extract and the version of sanctioned plans/specifications relied on when executing the agreement.
4B. CARPET AREA AND PRICE COMPONENTS
The agreement should distinguish carpet area from balcony/verandah area and from any marketing concept such as super area. Price components, preferential-location charges, club/facility charges, parking-use charges, maintenance deposits and taxes should be itemised so the total cost can be reconciled with the promoter demand schedule. An area adjustment should follow the agreement and applicable RERA framework rather than an unpublished formula.
5A. SECTION 13 PAYMENT DISCIPLINE
The purpose of the section 13 clause is to stop the booking stage from becoming an unlimited advance-collection mechanism. Amounts already paid should be stated and credited. The promoter should not demand an amount that takes pre-agreement collections beyond the statutory threshold before the required agreement for sale is entered into and registered. Any payment plan should begin from a legally valid agreement stage.
5B. CONSTRUCTION-LINKED DEMANDS
Where payments are linked to construction, each demand should correspond to the milestone defined in the agreement and should be supported by the promoter’s prescribed certification/process. The buyer should not be required to pay merely because a calendar date arrives if the selected plan is construction-linked. Conversely, delay by the buyer after a valid milestone should be handled under the agreement and statutory framework rather than by arbitrary charges.
6A. SANCTIONED PLANS AND ALTERATIONS
The unit and project should be constructed in accordance with sanctioned plans and agreed specifications subject to changes lawfully permitted under RERA and other approvals. The agreement should not give an unlimited promoter discretion to materially relocate, resize or reconfigure the unit. Any buyer consent required for a material change should be obtained through the legally prescribed process and retained with the transaction record.
6B. COMMON AREAS AND AMENITIES
Clubhouse, lifts, roads, landscaping, common services and other amenities should be described by the agreement/project disclosures rather than marketing superlatives. The buyer’s rights in common areas arise through the project and conveyance framework, not because a brochure picture is attached. Completion of amenities may have a different timeline from fit-out of the individual apartment only where law and the agreement permit that distinction.
6C. PARKING
Parking should be described according to its lawful project status and allotment/use mechanism. The agreement should not casually sell common areas as independent immovable property where the governing project documents/law do not permit that treatment. Any numbered slot, covered/open classification, transfer restriction or association control should be stated accurately.
7A. POSSESSION OFFER
The promoter’s possession offer should identify the approval/status on which possession is offered, amounts legitimately due, handover process and snag/inspection route. A demand labelled “possession” should not replace the legal completion/occupancy requirements applicable to the project. The buyer should have a defined process to inspect the unit, record snags and receive keys/documents without being forced to sign away statutory rights as a condition of physical handover.
7B. DELAY AND BUYER REMEDIES
Delay remedies should be read with RERA and the agreement. The template does not promise a fixed compensation formula where the applicable rules/order may determine interest or remedy. A clause should not purport to waive a buyer’s non-waivable statutory right. Similarly, a buyer default should not give the promoter a remedy beyond what the agreement and law permit.
7C. CONVEYANCE AND ASSOCIATION
After the statutory/project conditions are met, the promoter should execute the conveyance/transfer documentation and support formation/operation of the association as required by the project regime. Maintenance handover, advance maintenance deposits, corpus or association charges should be accounted separately. The agreement should identify who holds such money and the basis for transfer to the association/maintenance agency.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023. Personal data in this document is collected only to document and perform the promoter-buyer agreement for the under-construction flat and associated RERA/payment obligations, communicate about that purpose, verify expressly supplied transaction information, and retain an evidentiary record.
The record will be held by __________ and may be shown only to the buyer, seller, authorised broker/property consultant, advocate, lender, escrow agent, valuer, registration/revenue authority, promoter/association, tax professional or other person directly involved in the stated transaction and due-diligence process.
If the proposed transaction does not proceed, the personal data will be retained for 90 days from the final cancellation/withdrawal decision and then erased, except for records needed for a live dispute or a named statutory retention duty. If the transaction proceeds, the record will be retained for the transaction period plus 12 months and then erased unless a longer statutory period applies.
A person named in this document may withdraw consent for future consent-based processing, request correction or erasure when the stated purpose has ended, or raise a grievance by writing to __________. The record-holder should acknowledge and respond within 30 days.
Data minimisation: this document does not require full Aadhaar numbers, Aadhaar copies, passwords or bank credentials. Identity and tax documents should be collected only through the dedicated KYC/tax workflow where necessary.
Personal-data instruction: __________.
EXECUTION
Seller/promoter/allottee: __________
Buyer: __________
Witness 1: __________
Witness 2: __________
Record-holder: __________
Seller contact:
Buyer contact: