RERA-mandated property agreements adopted, Karnataka told Supreme Court

The government of Karnataka told the Supreme Court that it has already adopted the model builder and agent-buyer agreements prescribed by the central government to all states. He said the Karnataka Real Estate (Regulation and Development) Rules (Sale Agreement) 2020 were notified on June 12, 2020.

In response to the opinion of the highest court, the state government asserted that the claim that neither state had developed a model agent-buyer agreement was incorrect and contrary to the facts.

He asked the highest court to reject a PIL filed by Ashwini Kumar Upadhyay in this regard so as not to be maintainable, either in law or in fact.

The petitioner had requested guidance for the development of the ‘model builder agreement’ and the agent-buyer agreement in the real estate sector in order to instill transparency and fairness, preventing builders and agents to engage in unfair and restrictive business practices.

The government said it issued circulars on October 30, 2021 and November 12, 2021, instructing all deputy commissioners to comply with ordinances passed by the Karnataka Real Estate Regulatory Authority within the prescribed time frame.

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Previously, the Center had said that a robust regulatory mechanism and a draft “sale agreement” already existed under the provisions of the Real Estate (Regulation and Development) Act, to balance the rights and interests of landlords. buyers and developers in a responsible and transparent manner.

The Center further stated that it shared the draft “sales agreement” in 2016, after the promulgation of the RERA, with all states and territories in the Union. “Currently, all states and UT have notified rules under the RERA except Nagaland with which the respondent is in discussion,” he said.

The Center said it had fulfilled its duty in formulating the law and delegating the development of rules to states for better implementation of the provisions of the RERA.

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