Section 13 of the RERA Act, 2016 states that the promoter shall not accept a deposit or advance without first entering into an agreement for sale – Apartment Owners Apex Association (Kerala) and Anr. Vs. State of Kerala and Ors. – Kerala High Court

Section 13(2) as above stipulates that the agreement for sale referred to in sub-section (1) shall be in the form as may be prescribed. Section 84 of the RERA Act of 2016 confers powers on the appropriate Government to make Rules. Section 84(2)(h) expounds on the appropriate Government to make Rules to form and particulars of agreement for sale under Section 13(2) of the RERA Act of 2016. In exercise of the powers conferred under Section 84 of the RERA Act of 2016, the Government of Kerala has framed the Kerala Real Estate (Regulation and Development) Rules, 2018 (Rules of 2018). Rule 2(a) defines ‘Act’ to mean the RERA Act of 2016. Chapter II deals with real estate projects, and as regards the agreement for sale, the sale is provided in Rule 10.

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Whether the provisions of the RERA would apply in case of an ‘Agreement to Lease’? | Whether the definition of the term “Promoter”, as provided under Section 2(zk) in the RERA, would include a ‘Lessor’? | Whether the remedy provided to the ‘Allottees’ under Section 18 of the RERA can be available only against the ‘Promoter’, or, in that sense, also against a ‘Lessor’? – Lavasa Corporation Ltd. Vs. Jitendra Jagdish Tulsiani – Bombay High Court

Case Laws-RERA-High Courts
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