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Real Estate & RERA

Anant Merathia & Associates   →  practice area   →  Real Estate & RERA

Real Estate & RERA

The Real Estate Regulatory Authority (RERA) is an authority formed exclusively to monitor real estate sector. It has been set up in each state to regulate the real estate sector also to act as an adjudicating body for speedy dispute redressal. Legislations are focused to safeguard the interest of promoters, homebuyers and other stakeholders.

The real estate practice is more focused towards commercial real estate, advisory on transactions relating to the same. The firm advises corporate and mid-sized commercial real estate companies. The firm has represented and advised all key stakeholders and especially in complex matters before the RERA tribunal.

FOR PROMOTERS (BUILDERS)

Assisting in the process of application for Registration of the Real Estate Project with TNRERA.

  • Assisting in the process of application for extension of Registration of the Real Estate Project with TNRERA.
  • Appearing before the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) in case of any appeal against the revocation of Registration by the TNRERA.
  • Advising on matters related to the deposit and withdrawal of money that is maintained, to be maintained on the separate account of the builders.
  • Assisting in the process of application for Registration of Real Estate Agent.
  • Advising real estate promoters regarding obligations & compliance requirements of the promoters under RERA.
  • Representing and defending promoters before the Adjudicating Officer, the Tamil Nadu Real Estate Regulatory Authority and the Tamil Nadu Real Estate Appellate Tribunal.

FOR ALLOTTEE (HOME BUYERS)

  • Advisory and filing of Form ‘M’ for a myriad of reliefs other than monetary reliefs before the Tamil Nadu Real Estate Regulatory Authority.
  • Advisory and filing of form ‘N’ for obtaining monetary compensation before the Adjudicating Officer, Tamil Nadu Real Estate Regulatory Authority in case of any lapse or default on part of the promoters/developers/builders etcetera.
  • Representing and defending allottees or an association of allottees before the Adjudicating Officer, the Tamil Nadu Real Estate Regulatory Authority and the Tamil Nadu Real Estate Appellate Tribunal.

Commercial Real Estate

The firm advices several clients on Commercial Real Estate as well:

  • Advised various franchisees on their exits from franchise agreements of Indian and global giants and to minimise the exposure with regard to outstanding dues and deductibles including advisory on exit from the physical stores, negotiations with landlords, mall owners, stor owners, etc.
  • Advised a host of lessee on exiting multiple types of lease agreements with a leading Malls especially during and post the pandemic minimise exposure with regard to rent payable and with regard to force majeure issues
  • Advised various lessors, mall owners, commercial real estate developers with respect to demands, legal issues and consequent negotiations with their lessees including force majeure clauses in various agreements with multiple stores, brands both Indian and global and with regard to rent and other charges payable after interpretation of respective clauses. Have advised such clients across India especially in Tier II and Tier III cities.
  • Advised a complex real estate commercial transaction negotiation between one of the world’s largest e-commerce company’s in relation to warehousing facilities and exposures involved in the arena of real estate.