Skip to main content

Home Buyer Risks and Responsibility

 

Home Buyer Risks and responsibility

In a sale process, two primary parties are involved: Seller and Buyer. Both these parties have certain rights and responsibilities in order to complete the transaction successfully. The agreement to sell and sale deed is executed on the doctrine of 'Good Faith'. Let's take a look at the key responsibilities and risks of buyers and sellers:

 

 

Home Buyer's Responsibilities


  • Payment of Price:One of the primary responsibilities of the buyer is to pay the consideration. He is bound to pay the purchase money to the seller at the time and place agreed upon with the seller. This liability of the buyer is personal in nature and if the seller refuses to accept it, the buyer can deposit the money in court. This means that if the buyer so wishes, he/ she can deposit the money in court, which later can be handed over to the seller, once the agreed property is legally transferred in his/her name. However, this obligation on the buyer arises where the property sold is not free from all encumbrances. Consequently the buyer may retain, out of the purchase consideration, the amount apportionable to such encumbrance existing on the date of sale, and pay the amount so retained to the persons entitled thereto.
  • Duty of disclosure:The buyer is bound to disclose to the seller any fact as to the nature and extent of the seller's interest in property of which the buyer is aware, but of which he has reason to believe that the seller is not aware and which materially increases the value of such interest.
  • Liability to bear losses: : After the ownership of the property has passed to the buyer, any loss arising from the destruction, injury or decrease in the value of the property not caused by the seller is to be borne by the buyer.
  • Payment of public charges and rent:The obligation to pay public charges is also transferred along with the ownership of property. The rule is that when the ownership of property has passed to the buyer, he/she is liable to pay all public charges and rent outstanding/payable for the property. The obligation extends to the principal money due and the interest on any encumbrance subject to which the property is sold. However, it is the duty of the seller to disclose all unpaid liabilities on the property so that the same can be appropriately incorporated in the sale deed to avoid any future dispute.
 

Home Buyers Risks

  • Movement in property prices: On an average, property prices have moved up by 30-50% from 2006-2008. In some areas, for example in suburbs of Delhi, such as Gurgaon, Noida and Faridabad, prices had doubled during the same period. This has exposed the buyers to new risks. If the reason for buying a home is to have an appreciating asset, buyer is likely to suffer from less-than-satisfactory appreciation in case the property prices go down. However, if a property is bought when the prices are down, then buyer is likely to get a satisfactory appreciation.
  • Increased financial vulnerability: Housing finance institutions typically finance up to 85 per cent of the cost of the property. This means that buyer will have to arrange for the balance 15 per cent from his resources. In the backdrop of rising property prices and various associated costs (such as stamp duty payment, registration charges, maintenance charges, etc.), the buyer has to arrange for higher down payment besides taking on higher home loan liability.
  • Rising home loan rates: The interest rate on housing loans had descended from 13-14% per annum in 2000 to touch a low of 7.5% in 2004. However, there was a reversal in the trend since then and, currently, the home loan rates are quoting at 9-10%. As interest rates are revised upwards by home loan providers, the number of equated monthly installments (EMIs) and the interest paid out by buyers during the tenure of the home loan increases.
  • Hidden encumbrances on property: Some sellers may hide or may not mention the existing encumbrances in the �Agreement to Sell�. It is advisable to do a thorough check for any encumbrances that exist on the property and then ensure that these are mentioned in the �Agreement to Sell�, clearly stating who would be responsible to pay for these.
  • Fraud sellers: A buyer runs the risk of getting into a fraud transaction where the property title papers are NOT complete or genuine, or where the same property is sold multiple times to different buyers. To avoid any future disputes or tensions, the title of property and the related documents needs a thorough check, especially if the property has passed multiple hands. So, ensure that all documentation for the selected property is complete and then get these documents verified by a practicing lawyer before you finalize the property transaction.
  • Quality of construction: The quality of construction material used in the selected property is one of the most common risks faced by property buyer. It is advisable to scrutinize all related documents. You may hire services of a registered architect to ensure that the construction is as per the design plan and specifications.
  • Land use issues: With too many irregularities and violations in the land use these days, the buyer may not know what he is getting into unless it�s too late. Most cities have master plans and some even have zonal plans that indicate the land use in respective areas. A quick verification of these basic documents by your lawyer can give a lot of information about the area/locality where you are buying a house.
  • No completion certificate: The largest property misuse witnessed in most cases is with regard to the building bylaws and master plan norms. Many buildings do not have the completion certificate. You must ensure that you get a completion certificate for the house you are buying as it is an important part of the property paperwork. In case you are buying the property from a builder, then you should earmark an amount of purchase consideration to be paid against receipt of the completion certificate. In case you are constructing a house, then your architect would be responsible for getting the completion certificate.
Invest Rs 1,50,000 and Save Tax under Section 80C. Get Great Returns by Investing in Best Performing ELSS Mutual Funds

Top 10 Tax Saving Mutual Funds to invest in India for 2016 or Best 10 ELSS Mutual Funds in india for 2016

1. BNP Paribas Long Term Equity Fund

2. Axis Tax Saver Fund

3. Franklin India TaxShield

4. ICICI Prudential Long Term Equity Fund

5. IDFC Tax Advantage (ELSS) Fund

6. Birla Sun Life Tax Relief 96

7. DSP BlackRock Tax Saver Fund

8. Reliance Tax Saver (ELSS) Fund

9. Religare Tax Plan

10. Birla Sun Life Tax Plan

Invest in Best Performing 2016 Tax Saver Mutual Funds Online

Invest Online

Download Application Forms

For further information contact Prajna Capital on 94 8300 8300 by leaving a missed call

---------------------------------------------

Leave your comment with mail ID and we will answer them

OR

You can write to us at

PrajnaCapital [at] Gmail [dot] Com

OR

Leave a missed Call on 94 8300 8300

Popular posts from this blog

Am you Required to E-file Tax Return?

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300   Am I Required to 'E-file' My Return? Yes, under the law you are required to e-file your return if your income for the year is Rs. 500,000 or more. Even if you are not required to e-file your return, it is advisable to do so for the following benefits: i) E-filing is environment friendly. ii) E-filing ensures certain validations before the return is filed. Therefore, e-returns are more accurate than the paper returns. iii) E-returns are processed faster than the paper returns. iv) E-filing can be done from the comfort of home/office and you do not have to stand in queue to e-file. v) E-returns can be accessed anytime from the tax department's e-filing portal. For further information contact Prajna Capit...

IDFC - Long term infrastructure bonds - Tranche 2

IDFC - Long term infrastructure bonds What are infrastructure bonds? In 2010, the government introduced a new section 80CCF under the Income Tax Act, 1961 (" Income Tax Act ") to provide for income tax deductions for subscription to long-term infrastructure bonds and pursuant to that the Central Board of Direct Taxes passed Notification No. 48/2010/F.No.149/84/2010-SO(TPL) dated July 9, 2010. These long term infrastructure bonds offer an additional window of tax deduction of investments up to Rs. 20,000 for the financial year 2010-11. This deduction is over and above the Rs 1 lakh deduction available under sections 80C, 80CCC and 80CCD read with section 80CCE of the Income Tax Act. Infrastructure bonds help in intermediating the retail investor's savings into infrastructure sector directly. Long term infrastructure Bonds by IDFC IDFC issued an earlier tranche of these long term infrastructure bonds on November 12, 2010. This is the second public issue of long-te...

Section 80CCD

Top SIP Funds Online   Income tax deduction under section 80CCD Under Income Tax, TaxPayers have the benefit of claiming several deductions. Out of the deduction avenues, Section 80CCD provides t axpayer deductions against investments made in specific sector s. Under Section 80CCD, an assessee is eligible to claim deductions against the contributions made to the National Pension Scheme or Atal Pension Yojana. Contributions made by an employer to National Pension Scheme are also eligible for deductions under the provisions of Section 80 CCD. In this article, we will take a look at the primary features of this section, the terms and conditions for claiming deductions, the eligibility to claim such deductions, and some of the commonly asked questions in this regard. There are two parts of Section 80CCD. Subsection 1 of this section refers to tax deductions for all assesses who are central government or state government employees, or self-employed or employed by any other employers. In...

ULIP Review: ProGrowth Super II

  If you are interested in a death cover that's just big enough, HDFC SL ProGrowth Super II is something worth a try. The beauty is it has something for everybody — you name the risk profile, the category is right up there. But do a SWOT analysis of the basket, and the gloss fades     HDFC SL ProGrowth Super II is a type-II unit-linked insurance plan ( ULIP ). Launched in September 2010, this is a small ticket-size scheme with multiple rider options and adequate death cover. It offers five investment options (funds) — one in each category of large-cap equity, mid-cap equity, balanced, debt and money market fund. COST STRUCTURE: ProGrowth Super II is reasonably priced, with the premium allocation charge lower than most others in the category. However, the scheme's mortality charge is almost 60% that of LIC mortality table for those investing early in life. This charge reduces with age. BENEFITS: Investors can choose a sum assured between 10-40 times the annualised premium...

FCCB buyback

WITH dismal share valuations causing bondholders to redeem, and not convert their foreign currency convertible bonds ( FCCBs ), which until early this year were regarded as one of the most preferred options for raising corporate debt, suddenly seem to have become millstones around the necks of issuers. It is the redemption pressure on cash-starved issuers, coupled with the need to preserve liquidity by mitigating further forex outflow, which seems to have prompted the Reserve Bank of India ( RBI ) to issue the circular permitting buyback of FCCBs. As per the circular, issuers can now buyback FCCBs under the automatic route up to any limit out of existing foreign resources or by raising fresh external commercial borrowings (ECBs,) if effected at a minimum discount of 15% on the book value. Further, FCCBs up to $50 million can be bought back with prior RBI approval out of rupee resources representing “internal accruals”, if effected at a minimum discount of 25% on the book value. I...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now