LEGAL NOTICE TO BUILDER
A legal notice to the builder must be drafted by a good property/RERA lawyer in India who can include all the important particulars in the legal notice such as: Details of the builder and buyer. Details of the property in question. The grievance faced by the buyer.
The first step in any proceedings against an entity whether it is a person or a company is to send a legal notice and inform them that you have suffered from some grievance at their hands and give them a chance to resolve it. Similarly, in case of real estate disputes, home buyers can first send a legal notice to the builder before proceedings with a complaint in RERA or a consumer complaint in a consumer forum.
What is a Legal Notice?
A legal notice is a written intimation by a person who is facing any legal issue to the person who is causing it. A legal notice serves as a warning to the other person that the grievance must be resolved within the time period given by the sender, otherwise, legal action may be initiated against the receiver.
A legal notice must be drafted by a lawyer who can include all the essential details relating to the parties involved, the grievance faced, the supporting laws, supporting documents and the relief sought from the receiver. For urgent help or more sound and adept legal advice on how you could draft a legal notice for the builder, connect with us for Easydrafting in Noida, Greater Noida and Noida Extension.
Legal Notice to the Builder
In case of property disputes, both the RERA Act and Consumer Protection Act makes it is a requisite to send a legal notice to the builder before proceeding with legal action. The homebuyer can send a legal notice to the builder for delay in construction when the builder is not delivering the possession to the homebuyer within the time promised.
The homebuyer can also send a legal notice builder for refund along with interest/compensation when the builder has violated some provisions of the real estate laws or the builder-buyer agreement signed between them and the buyer wishes to cancel the booking of their flat.
When should you send legal notice against builder?
There can be several cases where you need to send legal notice against builder. Amongst them most of the important cases are as follows:
- Not delivering the possession even after the due date of delivery.
- Not providing amenities and other facilities which the builder had promised in the terms of agreement for sale.
- Failed to complete the construction even after the promised due date.
- Using inferior quality construction material.
- Not registering the Flat/unit in the name of the purchaser even after completion of full payment.
- Asking an amount higher than the amount in the agreement.
- Any other case where the builder fails to provide the expected service.
Draft legal notice to builder for Refund or Financial Actions
A legal notice to builder must contain these essential points:
- Name, description, and place of residence/office of the builder
- Name, description, and place of residence of the sender of the notice.
- Details of the cause of action.
- The relief claimed by the sender of the notice.
- Gist of the legal basis for the relief claimed.
How to Find the Right Lawyer?
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