The Karnataka government has told the Supreme Court that it has already adopted the model model-builder and agent-buyer agreements prescribed by the Central government to all states. It said the Karnataka Real Estate (Regulation and Development) (Agreement for Sale) Rules, 2020 were notified on June 12, 2020.
Responding to the top court’s notice, the state government claimed the contention that none of the states had framed model agent-buyer agreement was incorrect and contrary to facts.
It asked the top court to dismiss a PIL filed by Ashwini Kumar Upadhyay in this regard for not being maintainable, either in law or facts.
The petitioner had sought a direction for framing the “model-builder agreement” and agent-buyer agreement in the real estate sector to infuse transparency and fairness, restraining builders and agents from indulging in unfair and restrictive trade practices.
The government said it issued circulars on October 30, 2021, and November 12, 2021, issuing directions to all deputy commissioners to comply with the orders passed by the Karnataka Real Estate Regulatory Authority within the prescribed period.
Earlier, the Centre said a robust regulatory mechanism and draft ‘agreement for sale’ already existed under provisions of the Real Estate (Regulation and Development) Act, to balance the rights and interest of homebuyers and promoters in an accountable and transparent manner.
The Centre further said it had shared the draft ‘agreement for sale’ in 2016, after the enactment of the RERA, with all states and Union Territories. “Currently, all States and UTs have notified rules under RERA except Nagaland with which the answering respondent is in discussion,” it said.
The Centre said it has discharged the duty by formulation of the act and delegating the rulemaking upon the states for better implementation of the provisions of RERA.