Introduction to RERA and Homebuyer Protection
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyer interests and bring transparency to the real estate sector. RERA and its appellate body, REAT (Real Estate Appellate Tribunal), provide crucial mechanisms for resolving real estate disputes. At Lex Ardent, we represent clients before RERA and REAT, ensuring their real estate investments are protected.
Understanding RERA
RERA establishes regulatory authorities in each state to:
- Register real estate projects and agents
- Regulate the real estate sector
- Adjudicate disputes between homebuyers and developers
- Ensure timely project completion
- Protect homebuyer interests
Common Real Estate Disputes
1. Project Delays
One of the most common issues homebuyers face is project delays. Under RERA:
- Developers must complete projects within the promised timeline
- Delays entitle homebuyers to compensation
- RERA can direct developers to complete projects or refund money
2. Defective Construction
If you discover construction defects after possession:
- Developers are liable for structural defects for 5 years
- RERA can direct rectification or compensation
- Homebuyers can file complaints for quality issues
3. Misrepresentation and False Promises
When developers fail to deliver promised amenities or specifications:
- RERA ensures developers adhere to registered plans
- Homebuyers can seek compensation for misrepresentation
- Developers face penalties for false advertising
4. Refund Issues
Homebuyers have the right to seek refunds in cases of:
- Project delays beyond agreed timelines
- Material changes to project plans without consent
- Developer's failure to obtain necessary approvals
RERA Complaint Process
Step 1: Filing a Complaint
Homebuyers can file complaints with RERA authorities regarding:
- Project delays
- Defective construction
- Misrepresentation
- Refund issues
- Non-compliance with RERA regulations
Step 2: RERA Adjudication
RERA authorities:
- Examine complaints and evidence
- Hear both parties
- Pass orders for compensation, refund, or project completion
- Ensure compliance with their orders
Step 3: Appeal to REAT
If either party is aggrieved by RERA's order, they can appeal to REAT (Real Estate Appellate Tribunal) within 60 days.
How Lex Ardent Helps Homebuyers
Our real estate law team provides:
- RERA Complaint Filing: Expert assistance in preparing and filing RERA complaints
- Legal Representation: Representing clients before RERA authorities and REAT
- Documentation Review: Analyzing sale agreements, project documents, and RERA registrations
- Negotiation: Attempting amicable settlements before formal proceedings
- Enforcement: Ensuring compliance with RERA orders
- REAT Appeals: Representing clients in appeals before REAT
Rights of Homebuyers Under RERA
- Right to information about the project
- Right to timely possession
- Right to quality construction
- Right to compensation for delays
- Right to refund in case of project delays or cancellations
- Right to file complaints with RERA
- Right to appeal to REAT
Important RERA Provisions
Project Registration
All real estate projects above 500 sq. meters or 8 apartments must be registered with RERA before sale.
Escrow Account
Developers must deposit 70% of project funds in a separate escrow account to ensure funds are used only for the project.
Timeline Compliance
Developers must complete projects within the timeline specified in the RERA registration, with penalties for delays.
Why Choose Lex Ardent for RERA Matters?
Lex Ardent represents clients at RERA and REAT forums across India. Our expertise includes:
- Deep understanding of RERA regulations and procedures
- Proven track record in RERA dispute resolution
- Strategic approach to protect homebuyer interests
- Pan-India representation at various RERA authorities
Conclusion
RERA has significantly strengthened homebuyer rights in India. However, navigating RERA proceedings requires expert legal guidance. At Lex Ardent, we provide comprehensive representation for all real estate disputes, ensuring your rights as a homebuyer are protected. Whether you're facing project delays, construction defects, or refund issues, our team is here to help.
If you're dealing with a real estate dispute, contact Lex Ardent for expert RERA representation. We represent clients at RERA and REAT forums pan-India, bringing expertise and dedication to protect your real estate investments.
