Apni Law Staff asked 2 years ago
Many people advise checking the Builder-Buyer Agreement (BBA) thoroughly before signing, but offer little practical guidance. The terms and conditions are usually pre-printed by the builder, leaving buyers with limited bargaining power. How can buyers effectively negotiate fairer clauses, especially when the builder refuses to make changes? Since even the first buyer often struggles due to the earnest money, subsequent buyers have almost no chance. Is it better to simply avoid signing the BBA? Has any court ruling addressed this issue?
Best Answer
Apni Law Staff answered 2 years ago
While it’s advisable to thoroughly scrutinize the BBA, negotiating favorable clauses can be challenging due to pre-printed terms and limited bargaining power. Indian law doesn’t mandate specific clauses or provide buyers with significant leverage. While avoiding signing might seem appealing, it’s not a practical solution. Courts have ruled on disputes arising from BBAs, often upholding the terms as agreed upon, even if unfavorable to buyers.
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