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Buying a home? Check this out first!
Richa Singh |
October 20, 2004 06:36 IST
Amrish Modia, a local businessman, read an advertisement regarding the sale of a residential apartment with a rider 'Brokers excuse'. The ad was placed by the owner himself who invited Modia to inspect the flat and the property documents. Finding the seller transparent and friendly, the businessman inspected the documents and paid Rs 30,000 as token money for the flat. Since he did not need a home loan, Modia promptly paid the first instalment of Rs 700,000 and received a receipt on the owner's letterhead. They agreed to draft the sale deed at the time of possession.
Three weeks later, during a casual talk with a property agent, he came to know that the property had already been sold to a party two months ago.
Modia is not alone. A number of residential property owners advertise in newspapers and on the internet directly, attracting home seekers who wish to save on the estate agent's fee.
While most sellers may have nothing to hide, there have been a number of cases where deals went sour because of double sale, ownership disputes, disputes with the society, joint ownership, issues relating to mortgage and power of attorney. In one case, the seller had cheated in business dealings and simply didn't want his creditors to know.
"Buyers will be at an advantage if they hire a local broker or consultant, as the pros and cons of any property are best known to him and he will ensure that legal formalities are completed," says Sunil Bajaj, consultant and member of the Estate Agents' Association of India.
But Prakash Toraskar, head of Reliable Estate Consultants, cautions: "It is important to find an honest, reputed broker. An unsuspecting buyer can be duped if the agent, in cahoots with the seller, gets a society's no objection certificate (NOC) wrongfully, say, by offering a bribe."
Ramesh Makhija, partner, Makhija & Co, a law firm, warns: "The court will show no sympathy to the aggrieved party if proper legal steps have not been taken."
Business Standard spoke to a cross section of international property consultants, local brokers, bankers and property lawyers to find out how to minimise risk of loss while buying that dream house.
Here is a routine checklist, which prospective buyers should adhere to:
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