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The 10% Rule — Why You Should Never Pay More Than 10% Before a Registered Agreement

· 1 min read · Real Estate Checker Research Desk

Section 13 of the RERA Act is short and powerful: a promoter shall not accept more than ten per cent 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 you and registering it.

What this means in practice

  • A "booking amount" above 10% before agreement registration is a red flag.
  • "Pay 20% now to lock the price" offers ask you to give up a statutory protection.
  • Keep every receipt. Payments should go to the project's bank account mentioned in the agreement, not to individuals.

The 70% escrow companion rule

Section 4(2)(l)(D) requires promoters to deposit 70% of the amounts collected from buyers in a separate bank account, to be used only for land and construction cost of that project. Together with the 10% cap, it is designed to stop money from one project funding another.

Checklist before paying anything

  1. Verify registration on the official register — here's how.
  2. Check the promoter's complaints and recovery orders.
  3. Get a draft agreement for sale and have it read by an advocate.
  4. Pay the balance only after the agreement is registered.

RERA Section 13booking amountagreement for saleadvance payment

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