Agreement for Sale Under RERA: Key Clauses | RERACertified
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Compliance · Pillar Guide 📘 Updated 5 Nov 2026 · ⏱ 13 min read

Agreement for Sale Under RERA:
Key Clauses and the Section 13 10% Rule

Where brochure promises become enforceable, or quietly disappear. What the Act requires, how state forms differ, and what an agent checks before a client signs.

Quick Answer

Under Section 13 of the RERA Act, 2016, a promoter cannot take more than 10% of a unit's cost as advance or application fee until a written agreement for sale is signed and registered. The agreement must follow the state's prescribed form and state the specifications, payment schedule, possession date and the interest each side pays on default.

Read an agreement the way a regulator would

RERACertified™ Professional (RCP) covers Sections 11 to 19 of the Act, your state's rules and forms, and case studies on bookings and cancellations. RERACertified sells this course. RCP is a private certification and does not replace state RERA agent registration.

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At a Glance

QuestionShort answer
Advance limit before agreement10% of the cost of the unit (Section 13(1))
Must it be registered?Yes, before more than 10% is taken
Who sets the format?State rules (Section 13(2)): e.g. Haryana Annexure A, Punjab Form Q, Maharashtra Annexure A to Rule 10
Does it transfer ownership?No. The registered sale or conveyance deed does (TPA s.54; RERA s.17)
Defect liability5 years from possession; fix within 30 days (Section 14(3))
Interest on defaultSame rate both ways (Section 2(za))
Agent's roleShare documents, flag issues, refer to a lawyer. Never draft or give legal opinions

What Exactly Does Section 13 Say?

[Confirmed] Section 13(1) says a promoter shall not accept a sum of more than ten per cent of the cost of the apartment, plot or building as an advance payment or an application fee from any person without first entering into a written agreement for sale with that person and registering it under the law for the time being in force.

Section 13(2) says that agreement shall be in the form prescribed by the rules and must specify:

Particulars of development
The construction of the building and apartments, with specifications, and the internal and external development works.
Payment dates and manner
When and how the allottee pays towards the cost of the unit.
Possession date
The date on which possession of the apartment, plot or building is to be handed over.
Interest rates on default
The rate the promoter pays the allottee, and the rate the allottee pays the promoter, in case of default.
Anything else prescribed
Any other particulars the state rules add.

"Written" rules out a verbal booking; "registered" means signing alone is not enough. The limit binds the promoter, but an agent who helps collect more is helping a breach.

Which Model Agreement Form Applies in Your State?

Each state's rules carry their own form under Section 13(2). Most follow the central model, but details differ. Four we checked:

StateWhere the form sitsPoint to note
HaryanaAnnexure A, see rule 8, Haryana RERA Rules 2017Form's interest clauses use SBI's highest MCLR plus 2%. HRERA Gurugram's 2018 regulations cap forfeiture at 10% of consideration. [State-specific]
PunjabForm 'Q', rule 8(1), Punjab Rules 2017 (renamed from Annexure A by amendment)Use the amended form on rera.punjab.gov.in. [State-specific]
MaharashtraAnnexure A to Rule 10, Maharashtra Rules 2017MahaRERA Order 30/2022: deviations from the model must be highlighted; a model allotment letter is mandatory once more than 10% is collected. [State-specific]
Tamil NaduAnnexure 'A', rule 9, TN Rules 2017 (agreement for sale and construction agreement)Notified by G.O.(Ms) No. 112 of 22 June 2017. [State-specific]

Uttar Pradesh is reported to have separate Agreement for Sale/Lease Rules, 2018 [Reported]; verify on up-rera.in. For any other state, find the form in the rules on that state's RERA portal (see official RERA websites).

Which Clauses Matter Most, Clause by Clause?

Keep this open while reading a builder buyer agreement.

ClauseWhat the law saysWhat to check
Carpet areaSection 2(k): net usable floor area, excluding external walls, service shafts, exclusive balcony or verandah and exclusive open terrace; includes internal partition walls. [Confirmed]Price on carpet area; balcony and terrace shown separately. See carpet area.
Price and inclusionsSection 13(2): particulars of development and specifications must be in the agreement. [Confirmed]Total price with a breakup: parking, club, PLC, deposits, taxes. Unlisted "extras" become disputes.
Payment planSection 13(2) dates and manner; Section 19(6) allottee pays as per agreement. [Confirmed]Instalments tied to construction stages. Subvention plans need care (below).
Possession date and "grace"Section 13(2) requires a possession date; Section 18(1) runs from "the date specified" in the agreement. [Confirmed]One clear date. The Act gives no grace period; a grace clause is a term to question.
Delay interestSection 18(1): interest for every month of delay, or refund with interest. Section 2(za): same rate both ways. [Confirmed]Promoter's rate equals buyer's rate. A ₹5 per sq ft delay penalty against 18% on buyer default is a red flag.
Defect liabilitySection 14(3): defects reported within 5 years of possession fixed free within 30 days, or compensation. [Confirmed]Not under 5 years; buyer never pays for structural repair.
Plan changesSection 14(2): consent of the allottee for their unit; two-thirds of allottees for other changes. Structural changes are never "minor". [Confirmed]No blanket "the buyer consents to all future changes" clause.
Cancellation and forfeitureSection 11(5): cancel only as per the agreement; buyer may approach the Authority. [Confirmed] Cap is [State-specific]Forfeiture stated as a figure and within the state cap (HRERA Gurugram: 10% of consideration; MahaRERA allotment letter: 0–2% before agreement).
Transfer or assignmentThe Act does not set a resale fee. Haryana's form binds subsequent allottees to the same terms. [State-specific]Transfer fee and NOC process in writing, not "as per company policy".
Force majeureSection 6 Explanation: war, flood, drought, fire, cyclone, earthquake or other natural calamity affecting development. Extensions under Section 6 total at most one year. [Confirmed]No wider than the Act. "Labour shortage" or "market slowdown" is a red flag.
ConveyanceSection 17(1): registered conveyance deed; absent a local law, within 3 months of the occupancy certificate. [Confirmed]A conveyance timeline and who pays stamp duty on it. See OC vs CC.
DisputesComplaints to the Authority (Section 31); compensation to the Adjudicating Officer; civil courts barred (Section 79). [Confirmed]No clause waiving RERA remedies.

Why subvention and tie-up plans need care

Under a subvention plan the bank pays the builder from the buyer's loan and the builder promises to pay EMIs until possession. If the builder stops, the bank chases the buyer. [Reported] In July 2025 the CBI registered 22 cases, on Supreme Court directions, over an alleged builder-bank nexus in such NCR schemes. Get the tripartite agreement and who pays EMIs if possession slips in writing.

Agreement to Sell vs Sale Deed: What Is the Difference?

Agreement for sale / to sell
A promise that the sale will happen on agreed terms. Section 54 of the Transfer of Property Act says a contract for sale does not, of itself, create any interest in or charge on the property. Under RERA it must be registered before more than 10% is paid.
Sale deed / conveyance deed
The registered document that transfers ownership, usually after the occupancy certificate. RERA Section 17 makes the promoter execute it.

[Confirmed] Section 17(1A) of the Registration Act, 1908 (inserted in 2001) also requires a contract to transfer immovable property for consideration to be registered, or it has no effect for part performance under Section 53A of the Transfer of Property Act. Stamp duty varies by state: see stamp duty and registration charges by state. For the buyer's TDS, see TDS on property purchase.

Worked Example: A ₹80 Lakh Flat

Aman is buying a 2BHK in a RERA-registered project. The agreed cost of the unit is ₹80,00,000. His agent, Neha, is registered with the state authority.

StageAmountOK?
Booking/application amount₹5,00,000Yes, under the limit
Maximum before registered agreement (10%)₹8,00,000The ceiling
Builder asks for "15% to lock the price" before the agreement₹12,00,000No: ₹4,00,000 over the limit
After the agreement is signed and registeredAs per payment planYes

Neha must not collect any booking money in her own name or in cash, call a "15% booking" normal, or sign for Aman. She makes sure the cheque is drawn to the promoter's account, gets the draft agreement and plan to Aman before he pays, and points out that anything above ₹8 lakh waits for registration. If the agreement's "cost" and the brochure price differ, she asks the promoter and leaves it to Aman's lawyer.

Every term in the agreement, in plain English

Carpet area, PLC, conveyance, force majeure, subvention, OC, CC: the India Real Estate Dictionary PDF explains the terms you will meet in a builder buyer agreement, with the section numbers behind them. Or browse the free online dictionary.

Get the Dictionary PDF — ₹499 →

What Should an Agent Check Before a Client Signs?

1. Check the project and the 10% line first
Confirm the project's RERA registration on the state portal and work out 10% of the unit cost. Nothing above that is paid before a registered agreement.
2. Get the draft agreement before any money moves
Get the draft agreement, sanctioned plan, specifications and payment plan to the buyer (Section 10(d)).
3. Compare it with the state model form
Promoters upload their proforma at project registration. Download it from the portal, check it matches the buyer's copy, and note any clause missing or worded against the buyer.
4. Run the red-flag checklist
Use the checklist below.
5. Send the buyer to a lawyer
Give the buyer your list of questions and recommend independent legal review. You flag; the lawyer advises.
6. Make sure payments go to the promoter, by traceable mode
Booking cheques go to the promoter's account named in the allotment letter, never to you, never in cash.
7. Book the registration and keep copies
Diarise the registration appointment and keep copies in your Section 10(b) records.

Red-flag checklist

Money and price
☐ More than 10% asked before registration
☐ Price on super area, not carpet area
☐ "Other charges at actuals" with no list
☐ Payment by calendar date, not construction stage
☐ Cash or payment to anyone but the promoter
Time and interest
☐ No fixed possession date
☐ Open-ended grace period
☐ Lower delay interest for the builder than for the buyer
☐ Force majeure wider than Section 6
☐ No conveyance timeline
Rights and exits
☐ Forfeiture with no figure, or above the state cap
☐ Blanket consent to plan changes
☐ Defect liability under 5 years
☐ Transfer "at company discretion"
☐ Draft differs from the one on the portal

The checklist spots questions; it does not answer them. Agents do not draft agreements or give legal opinions. When a box is ticked, tell the buyer and recommend a lawyer's review before signing.

Untrained Agent Says vs Trained Agent Knows

Untrained agent saysTrained agent knows
"Pay 20% now, the agreement comes later."Section 13(1) caps it at 10% until a written, registered agreement exists.
"There's a 6-month grace, so no claim till then."Section 18 runs from the date in the agreement; the Act has no built-in grace.
"Builder's delay penalty is fixed in the contract."Section 2(za): the builder's rate must equal the buyer's rate.
"Once you cancel, the booking amount is gone."Forfeiture is set by the agreement and capped in some states; Section 11(5) lets the buyer go to the Authority.
"The agreement makes you the owner."Ownership passes by the registered conveyance deed (TPA s.54; RERA s.17).
"I'll explain the clauses, no need for a lawyer."Flag the issues, then refer to a lawyer. Legal opinions are not an agent's job.

How This Protects You and Your Buyer

For the buyer
No more than 10% at risk before terms are registered. A possession date that starts the Section 18 clock. Equal interest. Five years of defect cover.
For the agent
Any aggrieved person can complain against an agent (Section 31); Section 62 penalties run up to ₹10,000 a day, capped at 5% of the unit's cost. Not handling money, sharing documents (Section 10(d)) and keeping records (Section 10(b)) is your defence.

Deals that collapse after booking usually collapse over a clause nobody read. If a dispute does reach the Authority, see the RERA complaint process; refund and delay interest go to the Authority, compensation to the Adjudicating Officer (Newtech, 2021).

Frequently Asked Questions

What is the 10% rule in Section 13 of RERA?
Section 13(1) of the RERA Act, 2016 says a promoter shall not accept more than 10% of the cost of the apartment, plot or building as an advance payment or application fee without first entering into a written agreement for sale with that person and registering it. On a ₹80 lakh flat, that limit is ₹8 lakh.
Is a builder buyer agreement the same as an agreement for sale?
In practice, yes. "Builder buyer agreement" is the trade name; the Act calls it an agreement for sale, and Section 13(2) requires the form prescribed by state rules.
Does the agreement for sale have to be registered?
Yes, before the promoter takes more than 10% of the cost (Section 13(1)). Section 17(1A) of the Registration Act, 1908 also requires such contracts to be registered to count for part performance under Section 53A of the Transfer of Property Act.
What is the difference between an agreement to sell and a sale deed?
An agreement to sell is a promise that a sale will happen on agreed terms; under Section 54 of the Transfer of Property Act it creates no interest in the property by itself. Ownership passes through the registered sale or conveyance deed (RERA Section 17).
How much can a builder forfeit if the buyer cancels?
It is state-specific. Section 11(5) lets a promoter cancel only as the agreement allows. HRERA Gurugram's 2018 regulations cap forfeiture at 10% of the consideration; MahaRERA's model allotment letter allows 0% to 2% before the agreement, by timing.
Can a builder change the floor plan after I sign?
Not freely. Section 14(2) needs the allottee's prior consent for changes to their unit (minor changes excepted) and two-thirds of allottees for other changes to the building. Structural, area or height changes are never "minor".
What happens if possession is late under the agreement?
Under Section 18(1) the buyer may withdraw with a refund, interest and compensation, or stay and receive interest for every month of delay. Refund and interest go to the Authority; compensation to the Adjudicating Officer.
Be the Agent Who Reads the Agreement

RERACertified™ Pro takes you through the promoter's obligations, the allottee's rights and your state's forms, so you can spot a problem clause before your client signs.

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RERACertified sells this course. RERACertified™ Pro is a private certification and does not replace state RERA agent registration.

Related Reading
Stamp Duty and Registration Charges by State → OC vs CC vs Completion Certificate → TDS on Property Purchase: 194-IA and 195 → RERA 70% Escrow Rule Explained → RERA Possession Delay: Compensation and Interest → What Is Carpet Area Under RERA? → RERA FAQs: 40 Questions Answered →
Official Sources
RERA Act, 2016 full text (HRERA): Sections 2(k), 2(za), 6, 11, 13, 14, 15, 17, 18, 19
RERA Act, Section 13 (bare act)
HRERA: Annexure A [see rule 8] Agreement for Sale (as uploaded with a project)
Haryana REAT, Appeal 722 of 2022 (21 Jul 2025): applies HRERA Gurugram forfeiture regulations, 2018
RERA Punjab: Rules as amended (rule 8(1), Form Q)
MahaRERA Order No. 30/2022: model allotment letter and agreement for sale (copy hosted by ICAI WIRC)
Tamil Nadu G.O.(Ms) No. 112 (2017): TN Real Estate Rules, rule 9 and Annexure A
Registration and Other Related Laws (Amendment) Act, 2001: Section 17(1A) (Uttarakhand Registration Dept)
Sukhilal Sah v Angrahit Jha (Patna HC, 1979), quoting Section 54, Transfer of Property Act
Reported: CBI registers 22 cases in builder-bank nexus (PTI via The Week, 30 Jul 2025)
Each state RERA portal's own rules and forms are the final word.
Change Log
5 Nov 2026: Published.