East Bengaluru buyer answers

Which booking form clauses should I check before paying for a flat?

By Gaurav Mongia, acre&key · Published 17 Oct 2026 · Updated 17 Oct 2026

Direct answer: Check how much the form asks you to pay, what happens to that money if you or the builder back out, and whether it binds you to terms you haven't seen. Under section 13 of the RERA Act, a promoter can't take more than 10% of the cost as an advance or application fee before a registered agreement for sale.

Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.

Verify with your lawyer: This page is general guidance from the RERA Act, K-RERA's proforma agreement and public FAQs, not legal advice. Have your own property lawyer read the booking or application form, and any draft agreement, before you sign or pay.

The booking form (some builders call it an application form or expression of interest) is usually the first paper you sign on a new launch. It's short, it's handed over at the sales office, and it's easy to sign on the day of the site visit. That's exactly why it deserves ten careful minutes.

What does RERA say about money paid at booking?

Section 13(1) of the Real Estate (Regulation and Development) Act, 2016 says a promoter "shall not accept a sum more than ten per cent. of the cost" of the apartment as an advance payment or an application fee without first entering into a written agreement for sale and registering it (RERA Act text hosted by K-RERA).

The central FAQ hosted on the K-RERA site puts it plainly: for any further collection towards the cost, the promoter has to enter into an agreement for sale with the allottee (RERA FAQ, Q46).

So if a form, or the payment schedule attached to it, asks for more than 10% before the agreement is registered, stop and ask why.

Which clauses should I read first?

1. Amount and payee. The booking amount, the cheque or transfer details, and the account name. Pay only to the promoter's account named in the form, never in cash or to an individual.
2. Cost the 10% is measured against. Ask what "cost" the form uses, and get the full cost breakup in writing. Our list of hidden costs beyond the base price helps here.
3. Cancellation by you. What gets deducted if you withdraw before the agreement, and by when the balance comes back. If the form says the whole amount is forfeited, that's worth a hard conversation before you pay.
4. Cancellation by the builder. Under section 11(5), the promoter may cancel an allotment only in terms of the agreement for sale. A form that lets the builder cancel "at its sole discretion" with no refund timeline is a red flag.
5. Timeline to sign the agreement. How many days you get to execute and register the agreement for sale, and what happens if the builder delays it.
6. Clauses that pre-sign the agreement. Watch for lines like "the buyer agrees to all terms of the agreement for sale" when you haven't seen the draft. Ask for the draft agreement now.
7. Unit details. Tower, floor, unit number, carpet area and parking should be written in, not left blank or marked "subject to change".

What does Karnataka's model agreement say about the booking amount?

K-RERA publishes a proforma agreement of sale on its downloads page, and its terms are a useful yardstick for any booking form.

• Booking advance. The payment plan in Schedule C notes that the "Promoter shall not collect more than 5% of sale consideration as the booking amount" and not more than 10% without registering the agreement.
• If you withdraw. Clause 7.5 says that if you cancel without any fault of the promoter, the promoter may forfeit the booking amount, and "the balance amount of money paid by the allottee shall be returned by the promoter to the allottee within 60 days of such cancellation."
• If the agreement is never signed. Clause 20 gives you 30 days to sign and return the agreement, then a 30-day notice to fix any default. After that the application is treated as cancelled and all sums, including the booking amount, are returned without interest.

Compare these with your booking form. If the form asks for a bigger booking amount, forfeits more than the booking amount, or gives no refund timeline, ask your lawyer about it before you pay.

Does the agreement for sale override the booking form?

The agreement for sale is the main contract. Section 13(2) says it must be in the form prescribed by rules and must cover construction particulars, specifications, payment dates, the possession date, and the interest rates payable by each side on default. The same FAQ notes that this agreement is binding on both parties.

What the booking form can still decide is what happens to your money before that agreement exists. That's why its refund and forfeiture lines matter most. For how the papers fit together, see allotment letter vs agreement for sale vs sale deed, and for the agreement itself, what to check in the builder's sale agreement.

What if the brochure promised something the form doesn't mention?

Section 12 covers this. If you make an advance or deposit on the basis of an advertisement, prospectus or model flat, and lose money because a statement in it was incorrect or false, the promoter has to compensate you. If you want to withdraw for that reason, the promoter must return your full investment with prescribed interest and compensation.

Keep the brochure, the ad and any WhatsApp messages from the sales team. Note the RERA number shown on them and check it yourself on the Karnataka RERA website.

What should I do before signing a booking form?

1. Check the project's RERA registration and the promoter's name match the form.
2. Ask for the draft agreement for sale and the full cost breakup.
3. Read the cancellation, forfeiture and refund lines and write down the numbers.
4. Confirm the booking amount is within 10% of the cost (the K-RERA proforma uses 5% for the booking advance).
5. Pay by traceable transfer to the promoter's account and keep the receipt.
6. Get your lawyer to read the form and the draft agreement. Our checklist of documents to verify before a token advance covers the rest.

If you later want out, read cancelling a flat booking under RERA before you write to the builder.

Frequently asked questions

How much can a builder take at booking under RERA?

Section 13(1) of the RERA Act caps advance payments or application fees at 10% of the cost of the apartment until a written agreement for sale is signed and registered.

Is a booking form legally binding?

It can create obligations about the booking amount, so treat it as a contract. The detailed terms of the purchase belong in the agreement for sale under section 13(2). Have your lawyer read both.

Can the builder keep my whole booking amount if I cancel?

That depends on the form and the agreement, and on whether the deduction is fair on your facts. Section 11(5) lets you approach the Authority if the builder cancels your allotment unilaterally, without sufficient cause and outside the agreement's terms. Ask your lawyer before you accept a forfeiture.

Should I sign a booking form without seeing the agreement for sale?

It's safer not to. Ask for the draft agreement first so you know the payment plan, possession date and default interest terms you are being asked to accept.

What if the builder asks for more than 10% before the agreement?

Ask for the agreement to be executed and registered first. Section 13(1) bars the promoter from accepting more than 10% as advance or application fee without it.

References

1. Real Estate (Regulation and Development) Act, 2016, sections 11(5), 12 and 13 (K-RERA copy): https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 17 Oct 2026
2. RERA FAQs (Ministry of Housing & Urban Poverty Alleviation, hosted by K-RERA), Q46 and Q47: https://rera.karnataka.gov.in/resources/staticpage/FAQ.pdf, accessed 17 Oct 2026
3. Karnataka RERA, Proforma Agreement of Sale (Downloads page), Schedule C note, clauses 7.5 and 20: https://rera.karnataka.gov.in/downloadPage, accessed 17 Oct 2026