The tripartite agreement should represent the developer or seller by indicating that the property has a clear title. In addition, it should also be noted that the developer has not entered into a new agreement for sale ownership with another party. For example, the Maharashtra Ownership of Flats Act of 1963 requires full disclosure of all relevant information regarding the property acquired from the seller/developer to the buyer. The tripartite agreement should also include the developer`s commitments to build the building in accordance with approved plans and specifications approved by the local authority. “By law, any developer who builds a housing company must enter into a tripartite written agreement with any buyer who has already purchased or will buy a home in the project,” explains Vijay Gupta, CMD, Orris Infrastructures. “This agreement clarifies the status of all parties involved in real estate transactions and keeps an eye on all documents,” he said. In some cases, tripartite agreements may cover the owner of the land, the architect or architect and the contractor. These agreements are in essence “not a fault” of agreements in which all parties agree to correct their errors or negligences and not to make other parties liable for unfaithful omissions or errors. To avoid errors and delays, they often contain a detailed quality plan and determine when and where regular meetings will take place between the parties. Tripartite agreements are usually signed for the purchase of units in basic projects. Tripartite agreements should contain object information and contain an appendix to all initial ownership documents. In addition, tripartite agreements must be labelled accordingly, depending on the state in which the property is located.
According to experts, tripartite agreements have been reached to help buyers acquire funds from banks against the proposed purchase of a home from a developer. A tripartite agreement means the role and responsibilities of all parties involved, with the exception of basic information about them. The conditions set out in these agreements can be complex and therefore difficult to understand. It is advisable that buyers seek the help of legal experts to review the document. If this is not the case, this may lead to complications in the future, especially in the event of litigation or delay. Tripartite agreements define the different guarantees and contingencies between the three parties in the event of default. “In the leasing sector, tripartite agreements can be made between the lender, the owner/borrower and the tenant. As a general rule, these agreements stipulate that if the owner/borrower violates the non-payment clause of the loan agreement, the lender/lender becomes the new owner of the property.