The conditions set out in such agreements can be complex and therefore difficult to understand. It is advisable that buyers seek the help of legal experts to look into the document. Failure to do so may result in complications in the future, especially in the event of litigation or project delay. What are the main details mentioned in the tripartite agreement? A tripartite agreement signifies the role and responsibilities of all parties involved, with the exception of basic information about them. Why is a tripartite agreement important? This document defines the obligations and responsibilities of all parties to the purchase of real estate. What do tripartite agreements contain? Tripartite agreements should contain details of ownership and contain an appendix to all original documents. What type of real estate activity requires tripartite agreements? Tripartite agreements are usually signed for the purchase of units in projects under construction. “In the leasing sector, tripartite agreements can be concluded between the lender, the owner/borrower and the tenant. These agreements usually stipulate that if the owner/borrower violates the non-payment clause of the loan agreement, the mortgage lender/lender becomes the new owner of the property. In addition, tenants will then have to accept the mortgage/lender as the new owner. The agreement also prevents the new landlord from changing the tenants` clauses or provisions,” Bulchandani adds. According to experts, tripartite agreements have been concluded to help buyers acquire financing from banks against the project to buy a house by a real estate developer. According to Bulchandani, tripartite agreements must contain all the information mentioned below: “Under the law, any developer who builds a housing company must enter into a written tripartite agreement with any buyer who has already purchased an apartment in the project or is about to buy a home,” explains Vijay Gupta, CMD, Orris Infrastructures.
“This agreement clarifies the status of all parties involved in real estate transactions and monitors all documents,” he says. The tripartite agreement should represent the developer or seller who states that the property has clear title. In addition, it is also worth mentioning that the developer has not entered into any new contract with any other party for the sale of the property. For example, the Maharashtra Ownership of Flats Act, 1963, requires full disclosure from the seller/developer to the buyer on all details relevant to the purchased property. The tripartite agreement should also include the developer`s obligations to construct the building in accordance with approved plans and specifications approved by the local authority. Tripartite agreements should contain details of ownership and contain an appendix to all original documents….