East Bengaluru buyer answers
Does Karnataka RERA have a model agreement for sale, and must builders use it?
Direct answer: Yes. Section 13(2) of the RERA Act says the agreement for sale must be in the form the state prescribes, and Karnataka RERA publishes a Proforma Agreement of Sale. Builders file their version with the project's registration and must highlight every change. Compare your draft with the proforma before signing.
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: How far a builder can depart from the Karnataka proforma, which Karnataka Rules apply to your project, and whether a particular clause in your agreement holds up are legal questions. Ask your own counsel. This page explains the Act and the published proforma only.
Many buyers first see the agreement for sale shortly before registration, as a long PDF from the builder's legal team. It's easy to assume every word in it is the builder's own. In Karnataka, a lot of it isn't. The structure, and many of the protections, come from a standard form the regulator publishes. Knowing that changes how you read the draft.
What does the RERA Act say about the agreement for sale?
Three parts of the Real Estate (Regulation and Development) Act, 2016 matter here.
- Section 13(1): a promoter can't take more than 10% of the cost of the apartment as an advance or application fee without first entering into a written agreement for sale and registering it.
- Section 13(2): that agreement must be "in such form as may be prescribed". It must set out the particulars of development, the dates and manner of payments, the possession date, and the interest rates either side pays on default.
- Section 4(2)(g): when a promoter applies to register a project, the application must include a proforma of the allotment letter, the agreement for sale and the conveyance deed it plans to sign with buyers.
So the agreement isn't a private document that appears out of nowhere. Its form is set by rules, and a version of it sits in the registration file before the first flat is sold.
The Ministry's RERA FAQ (question 47) puts it plainly: the appropriate government specifies the agreement for sale through rules, the agreement binds both parties, and there can be some internal flexibility for other provisions the parties decide between them.
What is the K-RERA Proforma Agreement of Sale?
Karnataka RERA publishes a Proforma Agreement of Sale on the Downloads page of its website. It defines "Rules" as the Karnataka Real Estate (Regulation and Development) Rules, 2017. A note at the top tells promoters to highlight all insertions, modifications, deletions and additional clauses in a different colour when they submit the agreement with their registration application.
The proforma covers the whole life of the deal. A few clauses buyers should know by number:
| Clause | What it covers |
|---|---|
| 1.2 | Total Price based on carpet area, with a breakup and description |
| 1.3 | Total Price is escalation-free, apart from documented increases in charges levied by authorities |
| 7 | Possession of the apartment |
| 9 | Events of default by the promoter and by the buyer, and what each side can do |
| 12 | Defect liability for 5 years from handover of possession |
| 21 | The agreement replaces earlier understandings, including the allotment letter |
| 22 | The agreement can only be amended by written consent of both parties |
| 25 | Clauses that conflict with the Act or Rules are treated as amended or deleted |
| 31 | Earlier documents can't limit the buyer's rights under the agreement or the Act |
So must my builder use the proforma word for word?
Not word for word, but it's the baseline. The Act requires the prescribed form, the Ministry FAQ allows some internal flexibility, and the proforma itself expects promoters to make changes, as long as each one is highlighted in the registration filing. What a builder can't do is quietly rewrite the protections.
Two clauses make this harder to get around than it looks.
Clause 25 (Severability) says any provision found void or unenforceable under the Act or the Rules is treated as amended or deleted to the extent needed to conform to them. A one-sided clause doesn't override the Act just because you signed it.
Clause 31 (Savings) says that any application letter, allotment letter or other document you signed before the registered agreement can't be read to limit your rights under the agreement or under the Act. That's why the booking form isn't the last word, even if it has harsh terms. Our page on allotment letter vs agreement vs sale deed explains how the three documents fit together.
Whether a specific departure from the proforma is allowed is a fact-specific legal point. Raise it with your lawyer before you sign, not after.
What protections in the proforma matter most to buyers?
These are the clauses we'd read first, because they decide what happens when something goes wrong.
Price (1.2 and 1.3). The Total Price is based on carpet area and broken down in writing. After signing, it can only go up for documented government charges, and not for increases imposed after the scheduled completion date. If your draft adds "cost escalation" or a vague "other charges" line, that's a change from the proforma. Our explainer on floor-rise and PLC under RERA shows how premiums should sit inside the breakup.
Carpet area. If the final carpet area is smaller, the promoter refunds the excess with interest within sixty days. If it's larger by up to three percent, the extra is due at the next payment milestone, at the same rate per square foot. See carpet area vs super built-up area for what carpet area includes.
Promoter default (9.1 and 9.2). If the promoter doesn't hand over ready-to-move possession on time, you can stop further payments until the construction milestone is met, or terminate and get a refund of everything paid with interest at the rate in the Rules within sixty days. If you stay, you're paid interest for every month of delay.
Defects (12). Structural defects or defects in workmanship, quality or services reported within five years of possession must be fixed by the promoter at no charge within thirty days. Our guide to structural defects after possession covers how to report them.
Disputes (33). Disputes are first settled by discussion, then under the Act and the Karnataka RERA framework. If your draft pushes disputes somewhere else first, ask your lawyer about it.
How possession and the OC fit together is covered in possession letter vs OC.
How do I compare my builder's draft with the proforma?
You don't need to be a lawyer to do a first pass. You need two documents side by side and an hour.
- Download the proforma from the Karnataka RERA Downloads page.
- Open the project's registration record and check its documents. If the agreement filed with the registration is available there, download it. Our guide to checking a project on Karnataka RERA shows where project documents sit.
- Ask the builder for the highlighted version. If changes were highlighted when they filed, they can show you which clauses differ.
- Check the clause numbers in the table above. Price, carpet area, default, defects, savings and disputes are where one-sided edits do the most harm.
- List every clause that's new or missing, and send that list to your lawyer with the draft.
Our sale agreement checklist covers the other things to read, such as schedules, specifications and the payment plan.
Which changes should make me pause?
None of these is automatically illegal. Each one is a reason to slow down and ask.
- The default clause lets the builder charge you interest but drops the interest owed to you for delay
- The defect liability period is shorter than five years, or the thirty-day repair window is missing
- New price lines appear that aren't in the clause 1.2 breakup
- The savings clause is missing, or the booking form is said to prevail over the agreement
- A clause allows changes to the agreement without your written consent
- Disputes go first to a forum the proforma doesn't mention
If the builder won't explain a change in writing, that tells you something. You can also raise a non-compliance with the Authority later, and our guide to filing a complaint with Karnataka RERA explains the route.
Practical next steps
- Get the draft agreement at least a week before the registration date.
- Download the K-RERA proforma and put the two side by side.
- Mark every clause that differs, starting with price, possession, default and defects.
- Ask the builder in writing for the version filed with the registration, with changes highlighted.
- Have your lawyer review the whole draft before you pay more than the booking amount.
Frequently asked questions
Is there a standard agreement for sale format in Karnataka?
Yes. Karnataka RERA publishes a Proforma Agreement of Sale on its Downloads page, under the Karnataka RERA Rules, 2017. Section 13(2) of the Act requires the agreement to be in the prescribed form.
Can a builder change the K-RERA proforma?
Some changes are expected. The proforma's own note asks promoters to highlight every insertion, modification, deletion and added clause when filing it for registration. Ask your lawyer whether a specific change is acceptable.
Does the booking form override the agreement for sale?
No. Clause 31 of the proforma says documents signed before the registered agreement, including application and allotment letters, can't limit your rights under the agreement or the Act.
What if a clause in my agreement goes against the RERA Act?
Clause 25 of the proforma says a provision that's void or unenforceable under the Act or Rules is treated as amended or deleted to conform. Your lawyer can tell you how that applies to your clause.
When must the agreement for sale be registered?
Before the promoter takes more than 10% of the apartment cost. Section 13(1) bars a larger advance without a written, registered agreement for sale.
References
- Real Estate (Regulation and Development) Act, 2016, sections 4(2)(g) and 13 (K-RERA copy): https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 17 Oct 2026
- Karnataka RERA, Proforma Agreement of Sale (Downloads page), note and clauses 1.2, 1.3, 7, 9, 12, 21, 22, 25, 31, 33: https://rera.karnataka.gov.in/downloadPage, accessed 17 Oct 2026
- Ministry of Housing & Urban Poverty Alleviation, RERA FAQs, questions 46 and 47: https://rera.karnataka.gov.in/resources/staticpage/FAQ.pdf, accessed 17 Oct 2026
This page explains public rules and processes. It isn't legal advice. acre&key gives buyers advice for free. We are an authorised sales partner for some projects and may be paid by the developer.