5 Crucial Clauses You Must Include in the Home Buying Process in Trivandrum

Posted onMay 15, 2024

When considering the purchase of a flat in Trivandrum, it's essential to keep a checklist of key factors such as location, the credibility of the builder, budget constraints, and the overall quality of construction. These are just a few of the many things to remember before purchasing flats in Trivandrum. However, your journey to securing your ideal home doesn't stop at making a choice. The real challenge often begins when you're ready to finalize the deal. It’s crucial to be vigilant during this phase, especially when drafting and signing the home purchase agreement. This document will define your rights and responsibilities as a homeowner, and overlooking any detail could lead to future complications. Stay tuned as we dive deeper into what you need to watch out for to ensure that your dream home doesn’t turn into a costly mistake.

What is a Home Purchase Agreement?

This is a legally binding document that encapsulates the terms and conditions of real estate transactions, and must include it inyour real estate investment strategies in Trivandrum.  It forms the basis for the sale or purchase of a house. Make sure that it is meticulously drafted to avoid any issues later on. There must be clarity regarding accountability and penalties in case of non-conformance for both parties.

1. The Indemnity Clause

The indemnity clause acts as a safeguard for the buyer and seller of the property, against possible loss. There could be several parties in a real-estate transaction, creating complex legal situations, and hence it is a critical clause that must be properly drafted. Here are the possible outcomes that can cause distress to the parties is considered, and included in the document:

• Loss categories
• Liability cap
• Liability extent

2. The Penalty Clause

This clause helps assign accountability to the seller and buyer so that the other side is protected. This is especially since property transactions involve large financial transactions. The following provisions are commonly included:

• Agreement termination - a lucid penalty structure is established for the parties involved to deal with cancellation of the transaction after the booking amount is paid
• On-Time Payments - in case the buyer doesn’t pay on the agreed dates, certain penalties should be specified as deterrents.
• Project delays - The builder must be penalized in case there are unexplained project delays
• Following the plans - buyers can object if developers don’t follow approved floor plans, and take punitive action against them
• Quality - if the quality standards are not met by the builder, they are subjected to penalties. 

3. Right to Call Off Agreement

There could be situations where buyers are unable to complete the transactions, without it being their fault. To protect buyers, they are allowed if the disruption is caused by:

• The bank rejecting the loan application
• Seller not providing the mandatory statutory and legal property records
• The seller not furnishing the legal documents at the time of executing the contract

This way, buyers are protected against undue financial pressure, and can have safe and smooth transactions.

4. Outstanding Dues

The buyer must check that there are no outstanding payments to be made on the house; for example, if the buyer had purchased the property by availing of a loan, he should have paid back the loan in full. This must be clarified before the registration of the property is through so that the transaction is smooth and there is no unpleasant feeling later on.

5. Unique Clause

It is a good idea to include unique or special provisions for specific situations and defining the repercussions for buyers and sellers for each such situation. Possible scenarios can be the time of payment of each instalment, due date of deposit money, etc.

Conclusion

Creating an equitable and transparent environment that assigns responsibility and protects interests of all parties involved in the transaction is essential for amicable and smooth property dealings. There are numerous benefits of real estate investment in Trivandrum and its definitely a sound idea to follow through. Just make sure that your protect your interests by drawing up a water-tight home purchase agreement. Varma Homes is a builder with a flawless reputation for transparency, fairness, and quality, and they will help you draft the agreement to speed up the process. Check out their premium 2 and 3 BHK homes in the prime residential locations of Trivandrum.

Also read: 7 Common mistakes while investing in real estate in Trivandrum

FAQs

What should be included in a Home Purchase Agreement in Trivandrum?

The Home Purchase Agreement is crucial in any property transaction in Trivandrum, as it legally binds both parties to agreed terms and conditions. Essential clauses to include are the Indemnity Clause, which protects against potential losses; the Penalty Clause, which outlines repercussions for delays or non-compliance; the Right to Call Off Agreement, allowing buyers to withdraw under certain conditions without penalty; clauses regarding Outstanding Dues to ensure all previous liabilities on the property are cleared; and any Unique Clauses that address specific situations related to the property transaction.

Why is the Penalty Clause important in real estate transactions in Trivandrum?

The Penalty Clause is critical because it helps enforce accountability, ensuring that both buyers and sellers adhere to their commitments. For buyers, it could mean penalties for late payments, while for builders, there could be consequences for project delays or deviations from approved plans. This clause acts as a deterrent against breach of contract, safeguarding the interests of all parties involved and ensuring that the transaction proceeds as agreed.

How can buyers protect themselves if they are unable to complete a transaction through no fault of their own?

To protect buyers in situations where they cannot complete a transaction due to factors beyond their control, such as loan rejection by banks or the seller's failure to provide necessary legal documents, the Right to Call Off Agreement clause is essential. This clause allows buyers to withdraw from the agreement without facing penalties, thereby safeguarding them from undue financial stress and ensuring a fair and secure property transaction process in Trivandrum.