![]() ![]() ![]() We believe that the analysis here of the legal position would be applicable to rest of the country too even though the base for discussion is Maharashtra RERA.ġ. The issue arises whether such society / land owner is also a “promoter” under RERA? If yes, then whether there is a limitation on such liability? We have analysed the above issues in the light of recent decision by Mumbai High Court and orders issued by the Maharashtra RERA. However, the situation is not so simple where the said builder has entered into a redevelopment agreement with the society or a development agreement with the land owner. In a plain vanilla transaction, a builder is liable as a promoter for any breach of agreement with unit buyer or for delay in the completion of the project. The Real Estate (Regulation and Development) Act, 2016 has fastened huge liabilities on the “Promoter” of a real estate project. Society / Land Owner as “Promoter” under RERA
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