Digital Tracking • Fund Discipline • Faster Recovery (What to do before you sign)
By Arosh John, Founder, John Real Estate (MahaRERA Reg. No. A51700001835) | Editor-in-Chief, Thane Real Estate News (TREN)
Thane–MMR | December 2025
Maharashtra real estate has one enduring truth: buyers rarely suffer because they chose the wrong view. They suffer when paperwork slips, payment trails go fuzzy, and enforcement turns into a long wait.
As we move into 2026, MahaRERA compliance is getting more practical and less ceremonial. The direction is clear: tighter digital records, tighter control on project money, and faster routes from “order passed” to “order executed.” This won’t remove risk. However, it does shrink the space where confusion and delay usually harm buyers.
The booking-stage rule buyers must get right
Before anything else, buyers must follow the most important guardrail at booking:
A promoter cannot accept more than 10% of the total cost of an apartment/plot/building as an advance or application fee without first entering into a written Agreement for Sale and registering it.
Two buyer-critical clarifications
- There is no 1% legal cap under RERA. The law allows up to 10% before a registered Agreement for Sale.
- Even within that 10% window, buyers should act like professionals. So, collect a receipt for every payment. Also, back the booking with a written allotment confirmation (commonly an allotment letter) that captures unit details and commercial terms until the Agreement for Sale is executed.
What a disciplined booking should look like
At booking, your file should not feel “informal.” Instead, it should feel documented:
- Booking/application form with clear unit identification
- Payment only through traceable banking channels
- An official receipt for every payment
- A written allotment confirmation (allotment letter) capturing key details: unit, total consideration, timelines, and the next step toward Agreement for Sale execution and registration
In Maharashtra, standard formats for allotment letters and agreements sit inside the broader compliance system. Therefore, a serious promoter should issue documents that read like compliance—not improvisation.
The 3-part buyer safety upgrade heading into 2026
1) Digital tracking: promises are being replaced by traceability
MahaRERA has steadily pushed core project workflows into structured digital records and standard disclosures. For buyers, the benefit is not “technology.” It is the audit trail.
When promoters maintain extensions, corrections, and project updates in a structured way, weak projects get less room to operate in grey zones. As a result, buyers can prove misrepresentation, delay, or non-disclosure more easily when things go wrong.
Investor lens: disciplined filings often link with disciplined execution.
2) Fund discipline: the separate-account principle remains the backbone
One of RERA’s strongest protections is financial discipline around collections. In simple terms, the law ties a large part of buyer money to project purposes (mainly land and construction). It also links withdrawals to progress certifications.
This is not comfort. It is risk design.
What sophisticated buyers do differently:
- They take payment instructions in writing.
- They pay only through traceable routes and preserve bank proofs.
- They keep demand letters, receipts, and ledger confirmations.
- They date and store key commitments so they can prove them later.
When disputes happen, the cleanest weapon is rarely a long argument. Instead, it’s a clean money trail.
3) Faster recovery: sharper execution pathways and stronger document discipline
Buyers have long faced the gap between winning an order and getting real relief. Now, compliance direction aims to reduce that dead time—especially in two common failure points:
A) Recovery of interest/compensation/penalties
Non-compliance is increasingly moving through clearer steps. In other words, the process looks less like an endless waiting room.
B) Non-execution of critical documents
When parties delay or avoid key documents—most often the Agreement for Sale and, in disputes, the Deed of Cancellation—authorities are pushing stronger procedural routes to break deadlocks and restore certainty.
Market reality: delay has been a business tactic for years. Better execution processes reduce the payoff of delay.
Parking and amenities: where buyers still get blindsided
Even in premium projects, parking and amenities often turn “assumptions” into disputes later. So treat them as contract items, not brochure items:
- Parking: confirm what is offered, what is allotted, and what is charged separately (if applicable).
- Amenities: confirm what is included, what is conditional, and the timeline for delivery and start-up.
- Common areas: ensure the agreement language and annexures clearly match what you are paying for.
A simple rule works well: if it matters to your lifestyle or resale value, you must document it in writing inside the allotment/Agreement ecosystem—not just marketing.
The one-line due diligence that prevents big mistakes
Before signing (and certainly before crossing the 10% threshold), verify that the project has valid sanctioned plan approvals and the applicable Commencement Certificate (CC) status for the building/wing where your unit sits.
This is not “lawyer paperwork.” It is a reality check on what the developer can legally build right now.
Real-life scenarios buyers face—and how to stay protected
Scenario 1: “They want more money, but the Agreement for Sale is still ‘in progress’”
This is where discipline matters most.
Correct position: you can pay up to 10% before the registered Agreement for Sale. However, crossing that line without a registered Agreement is a legal red flag.
Buyer discipline:
- Stay within the 10% guardrail until registration is done.
- Collect receipts for every payment—no exceptions.
- Demand a written allotment confirmation, not verbal assurance.
- Push Agreement timelines early so instalments don’t outrun paperwork.
Scenario 2: “The site looks active, but the compliance trail feels thin”
A site visit gives a visual check. Documentation gives a behaviour check.
Buyer discipline:
- Verify project particulars and review the consistency of updates.
- Watch for gaps, shifting stories, and vague timelines.
- Slow down before the next tranche if compliance signals don’t match the sales pitch.
Scenario 3: “An order exists, but nothing moves”
Here, organisation becomes leverage.
Execution-ready discipline:
- Keep a dated, chronological file: receipts, payment proofs, demand letters, emails/WhatsApp messages, and a simple timeline.
- Keep the narrative factual and evidence-led.
Execution rarely rewards emotion. Clean files win.
Buyer checklist before signing (and before paying the next tranche)
Booking-stage checklist (often ignored, always expensive)
- Keep booking payments within the legal guardrail: up to 10% before the registered Agreement for Sale.
- Obtain a receipt for every payment.
- Obtain a written allotment confirmation (allotment letter) capturing unit and commercial terms.
- Put parking and amenity commitments in writing—never “verbal-only.”
Agreement for Sale checklist
Ensure the Agreement for Sale clearly captures:
- possession timeline and conditions
- milestone schedule and linkage
- specifications and exclusions
- handover process and defect obligations
- cancellation/refund triggers
- interest clauses and delay remedies (as applicable)
- parking/amenity annexures and disclosures (as applicable)
Sanction and approvals checklist (quick but vital)
- Verify sanctioned plan approval status (as applicable to your building/wing).
- Verify CC status (as applicable to your building/wing).
Payment discipline checklist
- Take payment instructions in writing.
- Pay only through traceable channels.
- Preserve receipts, bank proofs, demand letters, and ledger entries.
Compliance hygiene checklist
Maintain one digital folder for the entire transaction:
- brochure + cost sheet
- floor plans/specifications
- dated emails/WhatsApp screenshots
- receipts, demands, bank proofs
- agreement drafts and tracked changes
A buyer-safe workflow that holds up under pressure
A professional buying process is not slow. Instead, it is sequenced:
- Verify project and unit specifics
- Book with receipt + allotment confirmation discipline
- Confirm sanctioned approvals/CC status for your building/wing
- Execute and register the Agreement for Sale before crossing 10%
- Release milestones only when documents align
- Update your evidence folder weekly
This is how investors buy without panic—and end-users buy without regret.
What buyers should do this week
- Re-check booking discipline: receipts for every payment, plus written allotment confirmation.
- If you are nearing 10%, pause further payment and push Agreement for Sale execution and registration.
- Verify sanctioned approvals and CC status for your building/wing before signing.
- Lock parking and amenity clarity in writing. Do not rely on brochure language.
- Build one evidence folder today: commitments, receipts, demands, bank proofs, and agreement drafts.
Also READ: Booking Cancellation in Under-Construction MahaRERA Projects: What Every Buyer Should Know
Also READ: Buyer’s Guide (MahaRERA): How to Evaluate a New Project in Maharashtra
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN). With over a decade of on-ground expertise in Thane’s premium residential market, he advises end-users and investors across luxury apartments, villa transactions, premium resale, and NRI advisory. He is known for compliance-led deal structuring—bringing MahaRERA-aligned process control, clean payment trails, enforceable documentation discipline, and investor-grade due diligence into every transaction.
Disclaimer
This article is published for general information and public awareness. It is not legal advice. Regulatory interpretation and documentation requirements can vary based on project structure and transaction facts. Buyers should verify project details from official records and seek independent legal and financial advice before making payments or signing documents.
