Q and A
Refer Q And A For Factors To Consider Before Buying A Residential Property.
What do you mean by adequate due diligence, please elaborate on this. Isn’t it a waste of money to appoint a lawyer for your paperwork?
Adequate due diligence of a property varies from case to case, it a very exhaustive, technical and cumbersome process, beyond the understanding of a common person.
However, I will try and simplify it for the understanding of a lay person.
- check the original purchase agreement of the intending seller.
- check the agreements , from the inception to the current one .
- check the share certificate.
- check the utility bills like the electricity bill , society maintenance bill , property tax bill .
- confirm the identity of the intending seller to ensure it matches with the name on the aforementioned documents.
It’s important to note that the person negotiating with you may not necessarily be the property’s owner; they could be a family member, friend, or appointed broker. In such cases, it’s essential to meet the original seller and clarify any discrepancies in the transaction. If meeting the original seller is avoided, it could suggest underlying issues with the property’s title or some underhand dealing, which essentially means trying to make a fast buck on the sly.
Remember, the investment in a lawyer is a wise decision and essential for ensuring a secure and legally sound property transaction.
PROTIP: Based on my 40+ years of experience in real estate broking, most brokers will tell you , they can make the agreement for you , but for your own good, DONT fall prey to it , only a lawyer understands the nuances of the deal.
See you next week
Refer Q And A For Factors To Consider Before Buying A Residential Property.
Sir , when buying a property location seems to be more of a emotional decision rather than a practical one , staying away from the pressure created by relatives and friends, how does one make a informed decision?
- Make a list of all you need in the property, you intend to buy , this includes space. amenities, proximity to essential services, budget etc .
- Be very clear about the social infrastructure in your desired location, without getting carried away by fancy marketing jargon.
- Compare the area of your choice and other areas, where your requirements are being met , factoring in the cost of course and all other factors as mentioned above.
- Go and visit the new locations at various times of the day to get a look and feel of the area , also take into account the travel time from your current location to the new one.
- Check if any new infrastructure projects are going on in any particular area or are announced, this is a major game changer , which could give you unimaginable returns on your investment.
PROTIP: Older areas and buildings offer you ,bigger properties at lesser values , with lower outgoing , surely they have no amenities to offer compared to the new constructions. Take all factors into consideration before deciding what suits you best.
see you next week with a fresh topic.
Refer Q And A For Is It Wise To Deal Directly In Real Estate Without Brokers Part 3
Is it not fair, for a client to ask questions related to the property they intend to buy? Are the brokers not supposed to know all information regarding the deal?
Yes, it is fair for a client to ask questions related to the property they are intending to buy. Brokers are typically expected to have knowledge about the properties they are representing and should be able to provide accurate information to clients. It’s important for clients to feel informed and comfortable with their decisions when making such a significant purchase. If you’re working with a broker who is not able to answer your questions, it may be worth seeking out a different professional who can provide the level of service and information you need.
PROTIP: Always try and select a broker of proven pedigree to ensure you get full value for the fees, they are charging you.
After nearly 5 years of RERA implementation, are buyers of under-construction properties fully protected, or is RERA in A toothless tiger?”
- Status of permissions.
- Floor plans etc
- Title details
- Amenities
- Timelines for project completion.
A lot more needs to be done to make it watertight, only then all buyers will start investing in under construction properties with absolute trust and confidence.
See you next week
After nearly 5 years of RERA implementation, are buyers of under-construction properties fully protected, or is RERA in A toothless tiger ?
PROTIP: As i keep mentioning repeatedly, when buying any under construction property, try and invest with reputed developers, do your homework diligently and lastly back it all up with information provided by RERA.
See you next week with new questions and answers.
Refer Q And A For Is It Wise To Deal Directly In Real Estate Without Brokers Part 2
My experience says, a broker is just interested in making money, they will never disclose the negatives of the deal with you. How do we clients tackle this problem?
I have always said this to all my clients, DONT DEPEND ENTIRELY ON THE BROKER.
Be an informed customer, for that you have to be aware and educated about the property, here are a few points which may be useful to you.
- In today’s day and age, there is a huge amount of data available on the internet, please search and use that data to guide you, kindly note use it purely as a guide not the word of God. I say this because Real Estate is a very case sensitive subject and for your own good should not be generalized.
PROTIP: Don’t draw conclusions about any property on the basis of internet analysis alone, do the hard yards and find out stuff from the real world.
- Do your homework about your chosen area in which you plan to buy, sell or rent a property. Now that you are better equipped after following step 1 above, call your proposed Broker and ask relevant questions about the property, such as position of demand and supply , the prevailing rates etc , if you get straight and relevant replies, stick onto your Broker otherwise move on.
- Be very clear and transparent about what role you expect your Broker to play in the transaction, right from sourcing, paperwork to closure of the transaction. If the broker tries to dodge, move onto someone else.
- Ask whatever question you have in your mind with regards to the property, however amateurish or stupid it may sound. If you get straight answers, you are in good hands, if not, look elsewhere.
- When you have chosen a broker to work for you, ask questions regarding MAHARERA, GST, STAMP DUTY ETC, which are very basic and each and every broker should know about. If the broker is unable to answer you, then however convinced you were about the person, think twice , these are very elementary and not knowing them is unacceptable.
PROTIP: If a person is a broker by profession, please make no mistake, his objective is to make money to fend for himself and his family, so please be aware, which is fine till it is done in a fair and honest manner. It is your duty to safeguard your money and interest both, so please choose wisely.
See you next week
Refer Q And A For Is It Wise To Deal Directly In Real Estate Without Brokers Part
After reading your blog, I was recollecting my disappointing experience with my Broker, how and where can we find a respected and knowledgeable Broker?
Finding a respected and knowledgeable broker can be crucial when transacting in real estate. To ensure you make the right choice, follow these simple steps:
- Professionalism and Communication: When first contacting a broker, pay attention to their communication style. A professional broker will stick to the topic at hand, demonstrating their expertise and knowledge.
- Workplace Verification: It is essential to ask the broker about their workplace. Knowing where the broker operates from is crucial for accessibility during the transaction. This aspect becomes especially important when dealing with high-value transactions.
- Consistency in Contact Information: Check if the broker has been consistently using the same cell phone number over a substantial period. Frequently changing contact details could raise concerns about the broker’s credibility.
- Regulatory Compliance: While visiting the broker’s workplace, ensure they are registered with RERA (Real Estate Regulatory Authority) and possess a valid GST number. These credentials ensure that the broker operates within the legal framework.
- Experience and References: Inquire about the broker’s years of experience in the field. Additionally, ask for references and client testimonials. Genuine testimonials and positive references can provide a sense of security and trustworthiness.
- Property Expertise: Assess the broker’s knowledge about the property in question. Inquire about similar properties in the area, as this demonstrates their familiarity with the market and their ability to meet your requirements.
Refer Q And A For Preleased Properties
When bank deposits are yielding returns above 7% per annum, what returns can one expect on preleased property?
Lastly, the overall market conditions also influence the returns. A healthy and growing market tends to provide better returns compared to a stagnant or unstable market. Thorough research is crucial before investing in any preleased property
PROTIP: Bank deposits may give you a higher return on paper compared to real estate, there is zero % appreciation in capital deployed in bank deposits and there is no limit to how much a property can appreciate.
Is investing in a preleased residential property in Mumbai, a good idea?
Refer Q And A For Redevelopment Part 4
The developers have not delivered what was promised, before demolishing our buildings, they have not even got the OC; can we do something about it?
“If the developers fail to honor their pre-committed quality of construction, amenities, and obtaining the required Occupancy Certificate (OC), it is essential to take appropriate action. Prior to answering your question, I recommend the following steps:
- Check the agreement: Verify if a qualified professional has thoroughly reviewed the agreement between past owners and developers. Has it been clearly established that the developers have failed to fulfill their agreed-upon terms? Check thoroughly without assuming, remember what is written and signed matters, other things don’t.
- Assess society representatives: Discreetly find out if any assigned representative of the society has approached and received special favors from the developers, which are not as per the agreed terms for everyone.
- Seek resolution: If you find evidence of developer negligence, schedule an appointment with the developers or their representatives. Based on my extensive experience in this field, i will strongly urge you to try and resolve the issues amicably, the developers’ reputation and goodwill are at stake, so in most cases one does reach an amicable solution.
- Legal recourse: If you are unsatisfied with their proposed solutions, consult a knowledgeable professional and file an official complaint with MahaRera, providing proper documentary evidence to support your claims.
- Consumer forums: Alternatively, you can approach consumer forums, such as the SUB DISTRICT FORUM and THE STATES COMMISSION, which specialize in dispute resolution.
- Documented evidence: Remember, only documented evidence holds legal weight. Verbal assurances and promises have no substantial legal value whatsoever.
PROTIP: Avoid confrontations with the developers. Many people get carried away with hearsay and instigation from so called well-wishers who have nothing to do with the property. By pursuing amicable solutions, you can avoid damage to your relationship with the developers.
Are there any guidelines set by the government which are to be followed for redevelopment?
In your blog, you've discussed conveyance, could you explain the same for the understanding of a common man?
Before the conveyance deed is registered, certain steps must be followed:
- Form and register a society: Buyers from different locations come together to form a society, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
- Gather necessary documents: Various documents, including the land title and permissions from relevant authorities, are required to register the conveyance deed. It is highly recommended to seek assistance from a professional lawyer for a robust and legally secure deed.
- Approach the Registrar: Once the required documents are gathered, they need to be submitted to the Registrar for approval. Only after obtaining approval can the process of registering the conveyance deed proceed.
- Pay stamp duty and registration charges: After approval from the Registrar, the stamp duty and registration authorities must be approached to determine the amount of duty and make the necessary payment.
- Register the conveyance deed: The final step involves appointing office bearers from the society to visit the Registration office along with the developers. By registering the conveyance deed, the society becomes the legal owner of the land.
I have provided a simplified explanation for a common man’s understanding. However, it’s important to verify any omissions or errors with qualified lawyers, as this process can be complex.
What is deemed conveyance, can you explain it for my society?
- The society should be legally registered and possess the necessary documents.
- If the documents are missing, the same can be obtained by filing a RTI with the concerned authorities.
- The society must have completed the time period given to the builder for executing the conveyance deed.
- The society should have made a formal application to the builder for conveyance, which the builder has failed to comply with within a reasonable time.
- The society must have fulfilled all its financial obligations towards the developers.
This has to be done , to ensure the society is the legal owner of the land , all incremental FSI etc are not to be used by any other agency ,including the developers but the Society and its members only.
I am the owner of a flat in a society with 35 flats , my question to you is how do we get all members on the same page? Most members are trying to show they are more knowledgeable than the others, please advise ?
- Establish a platform or regular meetings where owners can openly discuss and share their concerns, ideas, and opinions about the redevelopment. Encourage respectful and constructive conversations to create an environment where everyone feels heard.
- Share information about the benefits of the redevelopment project with all the owners, highlighting how it can improve the quality of living, with a huge increase in property value. Provide factual data and examples to address any misconceptions or concerns they may have.
- If there are certain owners who are particularly resistant or feel the need to demonstrate their knowledge, try to engage with them one-on-one. Listen to their concerns, provide clarifications, and explain how the redevelopment can address their specific issues. Sometimes, personal attention can help dispel misunderstandings or alleviate fears.
- In discussions, encourage owners to find common points and areas of agreement. Focus on the collective benefits and find compromises that address the concerns raised by various members of the society. It may require some flexibility and adjustments to the plans, but finding common ground is essential for progressing with the redevelopment project. Each redevelopment project starts with man management and effective tackling of inflated egos.
- Once discussions have been held and compromises have been made, propose a formal vote on the redevelopment project. Ensure that all owners have a fair chance to voice their opinion through the voting process. Establish clear guidelines for the voting process to make it transparent and democratic.
Remember, reaching a consensus can take time, and it might not be achievable in every situation. However, by promoting open communication, educating owners, addressing concerns, and finding compromises, you can increase the likelihood of everyone reaching a common ground.
In your blog, you have mentioned, do not assume your society land is eligible for maximum fsi ? Can you please explain the same from a common mans point of view?
In Fractional Ownership in your opinion do we get a property at Fair Market Value, are negotiations possible (Do we get to determine our price) is the ownership divided equally?
In fractional ownership, it is unlikely that you will get a property at fair market value. This is because when multiple people invest in one property, there are additional costs involved, which will raise the overall property price. The organization facilitating the fractional ownership will factor in these expenses when determining the investment cost per share.
Do we get a say in the leasing process and the regular expenses for management of our property?
Is there a minimum or maximum number of fractional owners of a particular property?
The minimum or maximum number of fractional owners for a particular property is not determined by a simple “yes” or “no” answer. Several factors need to be considered before determining the ideal number of fractional owners for a property.
Does the company guarantee that the owners will get a regular and steady income throughout the year? Are there any gap months where the property lies vacant?
When it comes to guarantees of regular and steady income throughout the year for fractional property owners, it’s important to approach such claims with skepticism. While many companies offering fractional ownership projects may promise minimum returns through monthly rentals, these assurances are often just lip service and not backed by bank guarantees.
I hope that my answers to the questions raised by the readers of my blog posts are satisfactory.
See you next week
why should one look at buying a commercial property as an alternative investment viz a viz a bank FD where returns seems to be higher at present?
Investing in commercial properties can provide several advantages over bank deposits and shares. Here’s why you should consider commercial property investment:
- Higher Potential Returns: Commercial properties typically offer higher returns compared to bank fixed deposits. With an average annual return of 6 to 8%, commercial properties can outperform fixed deposits, which usually offer returns of 5.5 to 7%. This higher potential for returns can significantly boost your investment portfolio.
- Capital Appreciation: Unlike bank deposits, commercial properties have the potential for capital appreciation. In growing markets like Mumbai, properties can double in value every 6 to 7 years, allowing investors to benefit from both rental income and capital gains.
- Diversification: Successful investors understand the importance of diversifying their portfolios across different asset classes. Commercial properties offer an excellent opportunity for diversification, as they are a separate asset class from bank deposits and shares. By diversifying, you spread your risk and increase the likelihood of better overall returns.
- Tax Deductions: In India, investing in commercial properties that generate rental income comes with tax advantages. The rent earned from commercial properties can have deductions allowed by the Income Tax authorities. On the other hand, bank deposits typically do not offer such deductions, making commercial properties a more tax-efficient investment option.
- Income Stability: Commercial properties often come with longer lease terms, providing a stable and predictable cash flow. This stability in rental income can offer a reliable income stream, which may not be the case with shares or variable returns from bank deposits.
In your blog you have spoken only the investors angle who buys and put on rent. What about the actual user? Can you explain the term “Walk from home” rather than “Work from home”
With REITS becoming popular is still buying a small property individually more advisable rather than being a part of bigger property? Where returns are more or less the same.
Professional Management: REITs are managed by professionals who handle property acquisition, management, and maintenance. This can be advantageous if you prefer a passive investment approach and don’t want to be directly involved in property management. However, if you enjoy the active involvement and control that comes with owning individual properties, buying a property individually may be more suitable for you.
- Liquidity: REITs are traded on stock exchanges, offering liquidity and the ability to easily buy or sell shares. In contrast, selling an individual property may take time and effort. If you anticipate needing quick access to your investment funds, investing in REITs might be a more suitable option.
- Income Potential: Individual properties offer thepotential for higher rental yields and greater income appreciation if managed effectively. However, REITs provide regular dividend payments due to their rental income streams. Consider your income goals and whether you prefer regular dividend income or potential higher returns through individual property ownership.
- Capital Requirements: Investing in a REIT requires a smaller initial capital compared to purchasing an individual property. REITs allow investors to gain exposure to the real estate market without the need for a substantial upfront investment. Individual property ownership typically requires more substantial capital for down payments, maintenance, and other expenses.
Ultimately, the decision between buying a property individually or investing in a REIT depends on your investment objectives, risk tolerance, desired level of involvement, and the amount of capital available. It’s advisable to consult with a financial advisor or real estate professional who can provide personalized guidance based on your specific circumstances and goals.
Refer Q And A For Future Trends In Real Estate
Should one choose a residence near to place to work?
Wouldn’t it be great if everyone could work in an ideal location? For those fortunate enough to have a job that doesn’t require a specific location, they have the flexibility to choose a workplace close to home or even work remotely. However, if your line of work demands a specific location, proximity to your residence may not be an option.