Home Buying

What is a Tripartite Agreement: Everything You Need to Know About it

18 MAR 2022

Very often, when we decide to follow our dreams and take the leap to buy a home, we decide to invest in an under-construction property. An under construction property can be favourable for numerous reasons. Maybe you will be able to purchase it at a good market value early on (and wish to cash in or the property appreciation rate) or pre-booking a home gives you the privilege of a great deal from the builder. No matter the reason, when you buy an under construction property you have to sign a tripartite agreement.

A tripartite agreement is a type of contract that you and the builder sign when you buy an under construction property. It is very much part of the process when you pre-book a home. 

In this article we will be talking about what a tripartite agreement is, how it benefits you and what purpose it serves. 

What is a tripartite agreement?

To start with, a tripartite agreement is called so because it involves three parties. The home buyer, the builder and the financial institution that provides a loan for the property. A tripartite agreement is a necessary step when you buy and under construction property. It is necessary when you take a home loan from a financial institution when you buy a home. 

The main reason for a tripartite agreement to be signed is because the home buyer is not legally the owner of property, until the property is ready for possession. After the property has been constructed and sanctioned, only then is the deed of ownership passed on the home buyer. 

In the case of a tripartite agreement, the deed for the loan for the home buyer also includes the builder. A tripartite agreement clearly states that if the home buyer is unable to repay back the loan for the property, the ownership of the property is transferred to the financial institution or the mortgagor. In the case of a tripartite agreement, it protects the interest of all parties that are involved in the home buying process and clarifies their status. 

Here’s a list of all the information that a tripartite agreement must contain: 

  1. A Tripartite agreement must contain the name of the parties that are involved in the construction, home buying and financial loan process. 
  2. The agreement must contain the objective of taking the loan and the property that is involved in the home buying process.
  3. The trimartte agreement must contain the rights and obligations of the party involved. 
  4. It must contain the legal implications for what happens if the terms of the agreement is not respected. 
  5. The agreement must contain the perspective and reason for taking the home loan. 
  6. It must contain the developers perspective and the estimated date and confirmation of when the property is completed. 
  7. It must contain the perspective of the home buyer and the agreement selling price. 
  8. It must contain the rate of interest and the perspective and commitment of the home loan provider. 
  9. It must contain the agreed selling price for which the property is being sold. 
  10. It must contain the progress details of the property and the committed date of delivery of possession. 
  11. It must contain the interest that is applicable for the loan and if this interest rate is a fixed or floating interest rate. 
  12. It must contain the details of the EMI agreement and the EMI amount that is to be paid. 
  13. It must contain a list of the common amenities that are provided by the builder to the home buyer.
  14. It must contain all the details of the penalty if the booking is canceled after taking the home loan. 

Advantages of making a tripartite agreement 

There are numerous advantages that are associated with making a tripartite agreement when buying a home. It allows the bank to do a thorough legal check of the property before it is sold by the builder. This protects the rights of the home buyer. This also ensures that the legal duties of the developer are committed to, hence benefitting the home buyer. 

The tripartite is an important and binding legal document that protects the interest of all parties involved in the transaction of buying and selling a home. A tripartite agreement ensures that there are no fraudulent practices involved when buying the home. 

Protect yourself when signing a Tripartite agreement 

A tripartite agreement is a legal document and hence may contain a lot of legal terms and jargon. These terms may be difficult to understand in full and it is strongly recommended that the buyer takes the assistance of a legal expert when signing such an agreement. The reason for having legal inputs from a lawyer or professional when signing a tripartite agreement is that it clarifies the legal obligations of the builder and homebuyer who are going into contract with the financial institution. Before signing any agreement, be sure to read the fine print and commitments it entails carefully, so that there are no misunderstandings or complications in the future especially in the case of the construction being stalled or there is a delay or dispute in the property. 

Author - Confident Group

As the most trusted real estate brand in the nation, we at Confident Group strive to create a positive, smooth and transparent medium for potential home buyers with anything and everything related to home purchase. We provide informative and engaging articles which cover useful details across many verticals from the real estate sector. Our 2-decade long expertise in building infrastructure projects across Kerala and abroad backed by the trust of over 10,000 customers earned us the reputation of being the best as a real estate brand in Asia. We hope that our blogs will help in translating our experience for the prospective buyers who are looking for their dream home.

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