Builder-Buyer Agreement (BBA) Red Flag Scanner & Requisition Letter Generator

FORMAL LEGAL REQUISITION & CONTRACT AMENDMENT MEMORANDUM Date: 13 November 2026 To: Legal Counsel / Authorised Signatory, Prestige / Lodha Realty Counsel Ref: Draft Builder-Buyer Agreement Diligence for Apartment No. 1804, Tower B From: Prospective Purchaser (c/o AV.LUXURY Fiduciary Legal Intelligence) Dear Sir / Madam, We have completed an institutional legal review of the draft Agreement for Sale provided for Apartment No. 1804, Tower B. While our client remains committed to completing the acquisition, our clause-by-clause audit has identified 7 material provisions that deviate from the Real Estate (Regulation and Development) Act, 2016 (RERA) and established Supreme Court of India precedents regarding one-sided standard-form contracts (specifically Pioneer Urban Land & Infrastructure Ltd. v. Govindan Raghavan [2019] 5 SCC 725 and IREO Grace Realtech [2021]). We hereby submit the following formal requisitions and insist on executing a Supplementary Contract Addendum incorporating the statutory corrections set forth below prior to executing the registered conveyance: REQUISITION ITEM #1: Asymmetric Default Interest Penalty [Severity: CRITICAL] • Detected Draft Provision: "...18%..." • Statutory Infraction: RERA Section 18(1) & Rule 16 (Reciprocal Interest Mandate) • Supreme Court / RERA Legal Authority: Supreme Court Pioneer Urban v. Govindan Raghavan (2019) 5 SCC 725 • Mandatory Amendment Required: "The rate of interest payable by the Promoter to the Allottee in case of delay shall be identical to the rate of interest payable by the Allottee to the Promoter, being the State Bank of India Marginal Cost of Funds Based Lending Rate (SBI MCLR) plus 2%." REQUISITION ITEM #2: Unilateral Carpet Area Alteration (> ±3%) [Severity: CRITICAL] • Detected Draft Provision: "...carpet area may vary..." • Statutory Infraction: RERA Section 14(2) (Structural & Layout Sanctity) • Supreme Court / RERA Legal Authority: RERA National Mandate on Net Usable Carpet Area • Mandatory Amendment Required: "No addition or alteration in the sanctioned plan, layout, or specifications of the apartment shall be made by the Promoter without the prior written consent of the Allottee, provided that minor structural adjustments shall not alter carpet area by more than ±1%." REQUISITION ITEM #3: Indefinite / Elastic Force Majeure Expansion [Severity: HIGH] • Detected Draft Provision: "...shortage of steel..." • Statutory Infraction: RERA Section 6 & Contract Act Section 56 • Supreme Court / RERA Legal Authority: Supreme Court IREO Grace Realtech Pvt Ltd (2021) Civil Appeal No. 4646/2020 • Mandatory Amendment Required: "Force Majeure shall strictly refer to war, flood, drought, fire, cyclone, earthquake, or any other natural calamity resulting in actual physical disruption of work. Normal commercial procurement, labor shortages, or bureaucratic delays shall not constitute force majeure." REQUISITION ITEM #4: Disproportionate Earnest Money Forfeiture (> 10%) [Severity: CRITICAL] • Detected Draft Provision: "...forfeit 20%..." • Statutory Infraction: RERA Section 13(1) (Statutory Advance Cap) • Supreme Court / RERA Legal Authority: National Consumer Disputes Redressal Commission (NCDRC) Landmark Ruling • Mandatory Amendment Required: "In case of cancellation by the Allottee prior to execution of the Agreement for Sale, the Promoter shall not forfeit more than a reasonable administrative cost not exceeding 10% of the booking amount, and refund the balance within 30 days." REQUISITION ITEM #5: Exclusion of Rooftop / Terrace from Common Ownership [Severity: HIGH] • Detected Draft Provision: "...terrace remains exclusive property..." • Statutory Infraction: RERA Section 2(n) (Definition of Common Areas) • Supreme Court / RERA Legal Authority: Supreme Court Nahalchand Laloochand (2010) & RERA Model Agreement Clause 1.7 • Mandatory Amendment Required: "All common areas, including the roof, common terraces, basements, community halls, and staircases, shall form an indivisible common property to be conveyed to the Association of Allottees upon project completion." REQUISITION ITEM #6: Ouster of RERA / Consumer Court Jurisdiction [Severity: CRITICAL] • Detected Draft Provision: "...waives right to approach consumer..." • Statutory Infraction: RERA Section 79 & 88 & Consumer Protection Act 2019 • Supreme Court / RERA Legal Authority: Supreme Court Imperia Structures Ltd. v. Anil Patni (2020) 10 SCC 783 • Mandatory Amendment Required: "The provisions of this Agreement shall be in addition to and not in derogation of the provisions of RERA. The Allottee reserves the statutory right to seek remedies before the RERA Authority, Adjudicating Officer, or Consumer Disputes Redressal Commission." REQUISITION ITEM #7: Unilateral Possession 'Grace Period' (6 to 12 Months) [Severity: HIGH] • Detected Draft Provision: "...grace period of 6 months..." • Statutory Infraction: RERA Section 19(4) (Time-Bound Handover Liability) • Supreme Court / RERA Legal Authority: MahaRERA & Karnataka RERA Appellate Tribunal Standing Orders • Mandatory Amendment Required: "The Promoter agrees and undertakes to complete construction and obtain Occupancy Certificate by the exact date committed on the RERA portal, without unilateral non-compensatory grace periods." STATUTORY PRECEDENT REGARDING RECIPROCAL OBLIGATIONS: Under Section 13(2) of RERA read with the landmark Pioneer Urban ruling, clauses granting unilateral discretion to the developer (including asymmetric interest penalties, elastic force majeure definitions, and forfeiture beyond statutory limits) constitute an unfair trade practice and are void ab initio. Please confirm within seven (7) business days that the draft will be amended in accordance with these requisitions. Our client's financial commitments and token advance remain conditional upon these amendments. Yours faithfully, Prospective Purchaser Prospective Allottee Reviewed via AV.LUXURY In-Memory Legal Intelligence