Homebuyer promised free add-ons by the developer during flat purchase? Here’s why it must be mentioned in the agreement
A Pune developer promised a homebuyer a modular kitchen and ACs but refused to include them in the sale agreement, offering only email confirmation
Sunil Arora (name changed), a homebuyer from Pune, recently encountered a puzzling situation while purchasing an apartment in Hinjewadi, Pune. The developer had promised him a modular kitchen and three air conditioners (ACs) as part of the deal. However, Arora grew concerned when the developer stated that these add-ons would be confirmed only via email and not included in the registered agreement for sale.
The developer claimed that the add-ons could not be mentioned in the agreement due to its standard format.
Social media abuzz: Is email confirmation enough?
Several Reddit users discussed the concern online, noting that a homebuyer cannot claim compensation for any defaults if the promises are not mentioned in the agreement.
While some users claimed that an email is sufficient, others pointed out that homebuyers are not protected under the Real Estate (Regulation and Development) Act (RERA) if the promise is excluded from the formal agreement.
What do the law and legal experts say?
According to legal experts, the Maharashtra Real Estate Regulatory Authority (MahaRERA) provides a model agreement format between developers and homebuyers. However, MahaRERA also allows for deviations and requires developers to list promised amenities in the agreement's annexures.
"The model MahaRERA agreement for sale mandates that Annexure E detail the specifications and amenities associated with the apartment. Recently, MahaRERA published a consultation paper on a quality assurance framework in real estate projects, which suggests that permanent internal fixtures may include wardrobes, kitchen cabinets, vanity tops, mirrors, bathtubs, water closets, shower screens, and basins, among others," said Trupti Daphtary, an advocate and solicitor based in Mumbai.
Also Read: Can landowners seek legal recourse through MahaRERA to resolve disputes with real estate developers?
Daphtary added, “Rather than relying solely on email communications, homebuyers should ensure that all fixtures, fittings, and amenities promised by developers are explicitly included in the agreement. This enables them to seek appropriate recourse under RERA if the developer fails to deliver these items.”
