Real Estate Contracts

Real Estate Contracts in India: Legal Essentials and Risk Management

  • 10 Nov 2025
  • KP Law & Legal Associate

Real estate contracts create legally enforceable rights and obligations between buyers, sellers, and developers. Clear drafting is essential to avoid disputes.

Key Elements of Real Estate Contracts

  • Parties and property details

  • Sale consideration and payment terms

  • Possession and delivery timelines

  • Dispute resolution clauses

Common Pitfalls

  • Ambiguous clauses or terms

  • Undisclosed encumbrances

  • Non-compliance with RERA regulations

Legal Best Practices

  • Verify property title and approvals

  • Include clear dispute resolution mechanisms

  • Ensure compliance with RERA 2016

“A well-drafted contract protects both parties and minimizes litigation risks.”

FAQs

Q1. Is RERA registration mandatory for builders?
A: Yes, as per Real Estate (Regulation and Development) Act, 2016.

Q2. Can a buyer cancel a contract?
A: Yes, under specific terms or due to builder’s default.

Q3. What is a standard dispute resolution clause?
A: Arbitration or mediation clause as per Indian Arbitration Act.

Q4. How to verify property title?
A: Check registered sale deeds, encumbrance certificates, and municipal approvals.

Q5. Can contracts be modified after signing?
A: Yes, if mutually agreed and documented legally.