Hi Amit,
Let me try to answer your questions :
Inform the builder that you will make the final payment only on receiving the full apartment - i.e., sq footage that you have paid for. Be upfront with the builder and put it in a letter and get an acknowledgement that you will do a pre-possession check for square footage before you hand over the final payment and expect a reduction in price (proportionate to price paid) if the square footage is not as per the drawing.
Re. direction of house, it really depends on the area and you have to be lucky to get breeze into your flat. My cousin once lived in a flat where the only breeze came in a small corridor in front of the bathroom door
when the bathroom door was open. I personally like to have early morning sun in my room; i feel it is healthy and not as irritating as late evening sun. It also seems to bring in cool breeze in the morning, but as I said it depends on the area.
Because banks normally sanction about 85-90% of the loan, builders (and bankers) will expect you to pay 15% upfront for the property. Builders will normally also expect 5% of that
before they give you any paperwork for the property (Agreement to Sell / Agreement to Build and other property documents - normally a stack of them). So 4 lacs seems reasonable for a 80 lacs property. However, ensure that the builder understands that if the property does not withstand legal scrutiny or you cannot raise a loan against it or if there are unacceptable terms in the Agreement to Sell/Build, you will expect a full refund of the advance money paid. Dont just release any cheque stand-alone. Write a covering letter detailing why this cheque is being given and the conditions and get an acknowledgement for the letter and a receipt for the cheque. Then the builder cannot say later that he did not know the intention behind issuing the cheque or that he mis-understood your conditions.
Even if your banker is going to do a legal review of the documentation, it is a good idea to get the paperwork verified by your lawyer. Will cost a bit of money, but when you are spending so much whats a few more thousands.
Payment is normally to be paid by instalments depending on when the project will be ready - evidenced by floors being raised by the builder. So if it is a 10 floor property, work backwards.
5% advance
10% on agreement to sell
final 10% on possession (subject to PDC).
Balance is 75% which should be divided by 10.
Everytime he raises 1 floor, he will send you a demand note (alongwith a picture) for 7.5% of the sale price.
Try this logical argument with him.
Also, get a clause in the agreement that the date of possession will be dd/mm/yyyy. That if the possession of the apartment is delayed beyond that date, he will pay you Rs. xy per sq ft per month as liquidated damages. Builders will normally agree to pay between Rs. 2 & 5 per sq. ft. per month in Bangalore. Since you are in Mumbai, start negotiating with him based on 25-30 Rs. per sq.ft per month. you will be paying huge amounts in interest and any extra payment due to delays should be compensated
I was reviewing an Agreement to sell this week for a colleague and came across many irregular terms inserted in the Agreement by the builder / promoter. i will list to you 3 which are clearly in the 'not acceptable' list :
1. Builder had not specified how much undivided share of land the buyer will be entitled to, because
2. The builder wants to retain the right to build another floor on top of the building at any point of time;
3. Promoter wants to retain rights to all common areas and also wants to use unsold car parking spaces and do what it wants with it (so they can open a disco and your floors and walls will reverberate all night.....).
These are terms that would worry me no end. The agreement must contain clear clauses that the builder / promoter will vacate the project once the construction is completed and warranty period elapses and hand over to the resident's association. They have no further right on common areas, terraces, basements, car parks or any other part of the building.
Watch out for these items in your agreement with the builder. All the best.