As if all the other documents and applications were not enough already, we now have the extra burden of verifying our flat purchase documents too! If you come to think of it, flat purchase documents are one of the most essential when it comes to making sure that they are in place and nothing is amiss. In this world of scams, the real estate industry is no exception. To ensure transparency and originality, you need to make sure you are constantly aware and informed about what a flat purchase document consists of and what your rights are in case it is not up to the mark.
Many of us prefer to hire a professional lawyer that will make the work easy for us. All you have to do is submit the documents to your lawyer and leave it to him to go through and analyze. While this is an easy way to adopt, don’t you think you would save out on a lot of money and unnecessary meetings if you had the knowledge and expertise to verify these documents? Why take the help of a legal professional when you can very well learn to do this task on your own?
Due diligence is a skill that you need to acquire and possess as a buyer. Believe it or not, no one in the real estate industry today believes in word of mouth. All that matters are legal documents and ensuring that you verify them physically. While verifying your flat purchase documents is a complicated process, we can make it easier for you. All you have to do is stay vigilant and make sure you pay attention to these aspects during the verification process -
Title Documents
Even though this document is not a legal agreement, it is the most important document of the verifying process. This piece of paper states that the seller has rightful ownership of the property that you are planning to purchase soon. This document also talks about the rights and obligations of the owner. Since you are the buyer, it is your right to ask the seller for transaction slips to verify that the seller has nothing to hide and has ownership of the property. If you want to go all the way in the verification process, you can go to a sub-registrar office to cross-check everything the seller has submitted to you.
KYC Details
Don’t you think all other documents are of no use if none of them verify the identity of the seller? Here is where the KYC details come to use. Whether it is address proof, driver’s license, PAN/Aadhar Card - make sure this is the first and the foremost thing you ask your seller for. Another way to check the reliability of the developer is to go online and check different press reviews and articles he/she may have. Most reputed sellers also have verbal/written testimonials from their clients. Look out for these 3 key details when you have this document with you -
Complete information of the seller
Exact details of the location of the property
Mention of the municipals or collectors land record number
Building Approvals
The building approval documents consist of the construction and occupation approval letters. It is common for sellers to not show the buyers this certificate and leave it to them to suffer in the future. Make sure you look at this document and go through the permissions that have been provided to the builders in terms of making sure the building is fit for living.
Property Tax Details
If the seller has all details on the tax payment of the property, it gives you yet another verification proof. These details will not only help you figure out whether the property you are planning to buy is illegal or legal but will also give you information on whether any unpaid tax dues are yet to be paid.
Date of Possession
This date will mark the transfer of ownership of the property from the seller to the purchaser. This is a legal document that states a fixed date of when the seller will be obligated to give you “possession” of the property. In case the seller fails to do so for any reason, you as a buyer will have the right to sue and take this to court.
Payment Schedule
The payment schedule document is a detailed agreement that mentions the total amount the buyer is supposed to pay and the deadline for the same. To make sure there are no complexities in the future, the agreement also mentions any pending mortgages. If you have decided to pay in installments, this schedule will also include each date on which the installments are supposed to be paid.
Amenities
In today’s times, there is no housing without any additional benefits to go with it! This document mentions all amenities that the buyer can avail of with the purchase of the property. It also mentions a rough amount that the purchaser will be required to invest towards maintenance. The buyer can sue in the name of breach of contract in case the amenities mentioned by the seller do not add up or if there is incorrect information given on the amenities contract.
Dispute Resolution
Dispute Resolution is a written piece of paper that mentions the mutual solution decided by both the seller and the buyers in terms of solving any dispute that may arise at any point in time. If this is in place, this will make the work a lot easier since you would not have to resort to litigation or suing.
Encumbrance Documents
This document will show you whether the property has any unpaid debts or dues. Due to the kind of information that it gives, this is more applicable for when you are looking to purchase a second-hand property. In case all loans, dues, and debts have been paid and nothing is pending in terms of financial liabilities, the agreement will also clearly mention this. It will clearly state that all dues until the date of purchase by the new buyers (in this case, you!) have been cleared. Also, check the agreement to see if the property is free of any tax dues. While this is not the primary duty of this agreement and other agreements vouch for this, look to see if the property is clear of any disputes related to the possession and title of the land.
It may be the case that initially you find this process a little tiresome and confusing. There might be some terminology in the documents that you have never even heard or seen before. To get rid of this issue, you can have a look at some of the common real estate terminology for buyers that are used in the industry as well as all legal documents. We guarantee you that you do not need to give these terms much time. Even if you glance at most of them and try to relate to your home buying situation, you would understand all meanings and implications. Finally, never read through a document knowing that you may not know the meaning of certain legal terms. If you come across any such term, ensure that you consult a legal book or professional before turning on to another page.
Flat Purchase Documents have a lot of clauses and are full of terms and conditions. It is on you to make sure that you read all of them thoroughly and understand them carefully. Without a doubt, a lawyer can do this job better since they are trained to do this for hundreds and thousands of buyers. However, you are the one who will be more determined to ensure that there is nothing shady about the documents and every word is verifiable. At the end of the day, it is your home and your responsibility to make sure everything is original and authentic.
Remember that no change can be made once the flat purchase documents have officially been signed by both parties. The signatures mean that you have entered into a written agreement with a seller and there is nothing that can be changed or amended now. Before you take the plunge, do not forget to go through the document on your own and verify it. Take as much time as you want, as long as you are being careful and thorough!