Usually, a builder-buyer agreement is signed between a builder and a buyer, whenever a person invests in an immovable property. The stipulated time within which the property/possession has to be handed over to the buyer is stated in this agreement. When the possession is not transferred or delivered by the builder to the buyer within the stipulated time (in some cases, even after the extension period), it is a delay in delivery by the buyer. However, the liability of the builder arises only when the delay is due to his own fault. If the delay is due to any calamity, or situation which is beyond the control of humans, the buyer would not succeed in an action against the builder.
Although, the law has provided some remedies to ensure that the aggrieved buyers get justice and do not easily get duped by the faulty builders. There are certain preliminary steps that can be taken to demand possession from the builder and one such step is sending a letter to the builder for the delay in transferring possession.
Before taking any action against the builder for delay in handing over the possession, it is always advisable to send a letter to the builder giving him adequate time to respond. Once the letter is sent, the builder might speed up the process to take necessary actions, thereby saving you a lot of time and money.
The letter to the builder must contain the name, address and contact details of the buyer. It should clearly mention how your rights have been infringed due to the delay caused by the builder in handing over the possession and the relief that you seek from the builder (such as handing over the possession of the property at the earliest or compensation along with possession). The letter should also contain a direction of the relief sought and the time limit for the completion of such relief. The buyer shall also make an implication about any legal actions that can be taken if the builder is not able to deliver the possession of the property within the stipulated time.
Apart from the above, the following should also be included:
Name, description and place of residence/office of the builder
Name, description and place of residence/office of the sender of the notice,
Details of the cause of action,
Relief claimed,
Legal basis for the relief claimed,
Date of sending of the Notice, and
Letterhead of Advocate; name address, signature and contact details of the Advocate (in case of a legal notice).
Date ______
To,
Builder/ Builder Company
Official Address
Contact Info
Sub: Delayed Possession of Unit no. ______
Dear Mr._________ (Authorized representative of the builder company),
This is to bring to your kind notice that I am the buyer of Unit no. _____ of your __________ (Project name) and it is of huge concern to me that I have not received any official communication from ________ (Builder Company) regarding the confirmed date of handing over of the possession of the said Unit.
I have signed the Buyer’s Agreement with ________ (Builder Company) on _______ (Date). It was a commitment by the company that possession will be handed over in ___ months. Thereafter, it was told that by the end of _______ (Extension date, if any), the possession will be given. However, the possession of the unit was never delivered even after the expiry of the extension date.
I am sorry to say but the company has failed to keep its commitment and has lost the customer's faith as it has delayed the possession of the said unit innumerable times and there seems to be no deadline to this project. I have paid 80% of the amount and paying interest on it every month to the bank which is causing me a substantial financial burden.
Kindly let me know the final date of delivery of possession of my unit or else I would have to resort to taking appropriate legal actions against the company on account of the delays caused by you.
Looking forward to a favorable reply.
Regards,
_________ (Sender’s Name)
No specific documents are required in order to draft and execute a letter to builder for delay in possession . However, ID proofs of the sender in order to confirm the name and permanent address of the sender should be scrutinised. Other than the above, brochures of the builder if available, money receipts or any other documents which can prove that the payment was made by you to the builder could be necessary.
No set procedure is applicable in the making of a letter to the builder for delay in possession. However, all the facts regarding the builder buyer agreement should be discussed with the lawyer drafting the said letter or notice. Once the letter or notice is drafted it should be examined by the sender. It should then be sent to the builder/developer. If no action is taken or no repayment is done by the builder/developer within the number of days mentioned in the letter or notice, you can directly approach the court and file a case without any further communication with the builder/developer.
Builder-buyer agreements, notices and court matters are dealt with under Property/Real Estate laws and Consumer Protection laws. If you are sending a letter to the Builder, you do not need to send it in the lawyer’s name. However, a legal notice is a more stringent measure which involves sending it in the lawyer’s name. Sending the legal notice can be taken as the first step to initiating legal proceedings against the builder/developer for delay in possession.
Since, a notice to the builder for delay in possession is the first step towards litigation, it is highly recommended that you hire a property / real estate lawyer. A lawyer has the requisite expertise and knowledge to draft such legal notices or letters. He/she will be able to accumulate important information for the client and draft the notice/letter accordingly. He/she will ensure that you are on the right path in attaining justice. A lawyer can manage all legal paperwork effectively. Therefore, hiring an expert property/real estate lawyer is of prime importance in order to ensure that your letter/notice is sent correctly, keeping in mind the possible litigation that may ensue.
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