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Whether you’re seeking a new home or contemplating a home loan, securing financing is a significant financial choice that often motivates buyers to extend their budget for a more upscale residence, enhancing their lifestyle. Lenders typically demand collateral or some form of security from borrowers to ensure that loan payments are made punctually and in full. Conversely, borrowers have the opportunity to alleviate the loan burden by opting for early repayment of the entire loan amount.
When purchasing a property, the buyer may be responsible for various additional expenses, such as the fees associated with legally transferring ownership of the asset to their name. On occasion, builders or property sellers may request an advanced payment for a variety of reasons. Under such circumstances, what actions should the buyer take?
Understanding Advance Payments in Real Estate
Advance payments in real estate refer to the initial sum paid by the buyer to the seller as a token of their intent to purchase the property. This amount, also known as the ‘token amount’ or ‘earnest money,’ is typically a small percentage of the total property price. When you make an advance payment for purchase of property, it’s like putting a hold on it. This means the owner can’t sell it to someone else while you’re in the process of buying it.
- Legal and Financial Implications:
- Refund Policies:
- Due Diligence Before Making Payments:
- Risks of Advance Payments:
- Advance Payments and Home Loans:
- Stamp Duty and Registration Fees:
- Role of Real Estate Agents:
- No Objection Certificate (NOC):
When making an advance payment for property, both parties should draft an “agreement to sell,” a legally binding document outlining key sale terms, including price and possession date. This agreement, executed on appropriate stamp paper, details the token money paid and the payment mode. Typically, 10-15% of the sale amount is required as token money. For under-construction properties, a builder-buyer agreement specifies the sale terms, payment schedule, and construction milestones. Retaining a copy of the agreement is crucial for legal protection in case of disputes.
Under Section 21 of the Specific Relief Act, if a contract is breached, the injured party has the right to receive compensation for any losses. This means the buyer can ask for damages if the seller fails to fulfil their promises and may also demand a penalty payment if specified in the agreement.
Before buying a property, it’s important to be careful and check the builder’s reputation online to ensure a good track record. Also, take a close look at important documents like the title deed, encumbrance certificate, layout plans, purchase agreement, and RERA Approval. This careful examination helps protect you from any possible legal issues or disputes with the property in the future.
Paying a large advance payment in real estate can expose you to financial risks and potential fraud. If the seller backs out, you may face significant losses and delays. Always ensure that all documentation is in order before making any payment and that the agreement has clear payment terms, refund conditions, and legal obligations to protect both parties. Avoid large advance payments without proper documentation to minimize risks..
Advance payments can affect home loan eligibility, as lenders may consider this payment when calculating the loan amount. Buyers should inform their lenders of any advance payments to ensure smooth loan processing. Advance payments can impact the timing and amount of loan disbursement. Buyers should coordinate with their lender to ensure that the loan is disbursed according to the payment schedule agreed upon with the seller.
When making property purchases in India, it’s important to account for statutory dues such as stamp duty and registration fees. These fees are mandatory and generally amount to 7% to 10% of the property cost, depending on the location and type of purchase. Premature payment of these fees can lead to complications if the transaction is delayed or cancelled. It’s important to coordinate these payments with the finalization of the sale to avoid unnecessary financial exposure.
Real estate agents are important when you’re buying or selling a house. They know a lot about the housing market, figure out how much a home is worth, take care of all the legal stuff, and make sure everything goes smoothly. They work hard to get you the best deal and make the whole process less stressful for you.
When buying property in India, remember to consider statutory dues like stamp duty and registration fees. These fees are mandatory and typically range from 7% to 10% of the property cost, depending on the location and type of purchase. Coordinate these payments with the finalization of the sale to avoid financial exposure due to premature payment.
Foresight Of Real Estate Property Advance Payments:
- Booking amount/ token amount/earnest deposit:
- Is the token amount refundable:
- Stamp paper purchase:
- Advance TDS Payment:
- Advance payment to secure your home loan:
To prevent wasting time, certain developers may choose to share property purchase terms and conditions only with buyers who have expressed a genuine interest. As a result, these developers may ask for a goodwill deposit, booking amount, token money, or earnest deposit upfront to confirm the buyer’s seriousness about purchasing the property, even before discussing the actual deal.
If a customer is not able to close the purchase deal for any reason, the seller typically loses the token money that was paid as a deposit. However, both parties need to sign a notarized agreement in which the seller may be eligible to receive a refund. It is common for customers to pay the token amount to the developer upon receiving a verbal promise.
Stamp duty is a legal requirement that buyers must pay when purchasing a property, but it’s important to proceed with caution. Rushing to purchase stamp duty papers without careful consideration can lead to wasted resources if the property or the buyer’s interest changes. Unfortunately, these legal documents are typically non-refundable, so it is essential to make a firm decision before proceeding with the purchase of stamp paper. Although the law mandates stamp duty payment for property purchases, it’s advisable not to rush into it, as you may end up wasting your investment if you withdraw from the deal or if the seller decides to back out. This is because stamp papers are non-transferable and non-refundable.
Starting from April 1st, 2022, if the stamp duty value of a property or the sale consideration exceeds 50 lakhs, the buyer must deduct TDS at a rate of 1%. Previously, only the sale consideration was taken into account for this requirement. This rule applies to all types of properties, such as residential, commercial, industrial, flat, building, or vacant plots, except agricultural land.
It can be risky to make advance payments on new house loans, especially when you are planning to sell a residential property. There is a possibility that the seller may request an advance payment to clear the current duo loan amount on the property, allowing the sale to proceed with proper documentation. However, it is advisable for buyers to avoid such payments.
To ensure that the property’s loan has been fully repaid and there are no outstanding charges, the lender must issue a ‘No Objection Certificate’ (NOC). It is only possible to buy a property with an existing loan if the current owner repays the entire loan amount before selling it.
In metro cities like Mumbai, owning a home is a common aspiration as it offers stability and growth opportunities. With the desire for an ideal lifestyle on the rise, there are various real estate developers in Mumbai to explore.
The Runwal Group is a prime choice that has taken on the responsibility of fulfilling the dreams of aspiring homeowners by offering luxurious living spaces where they can create their own paradise. They aim to exceed market expectations and provide top-notch living experiences.
Key takeaway:
Purchasing a property is a significant financial decision that requires careful consideration and foresight. Advance payments are a crucial aspect of the process that can benefit both the buyer and the seller. However, it’s essential to be aware of the various types of advance payments and their terms and conditions to avoid any confusion or loss of investment.
The Runwal Group is an ideal option for those seeking premium residences that cater to their desired lifestyle. With their commitment to excellence, they are among the leading real estate developers in Mumbai and strive to exceed market expectations to fulfil the dreams of aspiring homeowners. The Runwal Group has earned a reputation for developing renowned gated communities and ensuring timely delivery of their projects.
Additionally, the Runwal Group is known for their commitment to quality construction, attention to detail, and creating sustainable living spaces that exceed customer expectations.
