At every stage, while selling the property, the seller has a number of
rights and obligations. The seller has the right to a charge upon the
property in case the buyer has ownership before the full payment is
made. Further, until the buyer receives ownership of the property,
the seller is entitled to the rents and profits from the property.
The seller has to fulfill some duties both before and after the sale of
the property. Some of the duties include producing documents of
title; all pertinent inquiries from the buyer regarding the property or
the title must be addressed by the seller. Also, executing the
conveyance after the buyer has paid the amount; all the documents
for such property in the seller's control or ownership shall be
delivered to the buyer, etc.
According to Section 55 of the Transfer of Property Act, 1882 (the
Act), the seller has a responsibility to disclose or explain any
"material defects" relating to the property as well as the seller's title.
When the seller is informed of the defects but the buyer is not, this
duty is applicable. Additionally, the flaw must be of a kind that, even
with reasonable diligence, prevents a prudent person from
identifying the issue with the title or property. The seller would be

guilty of fraud or omission if he purposefully neglected this
As Section 55 (1) (a) of the Act says,
" The seller is bound—
to disclose to the buyer any material defect in the property [or in the
seller's title thereto] of which the seller is, and the buyer is not,
aware, and which the buyer could not with ordinary care discover"
Let us understand the emphasis given to the term 'material defect'.
Once a buyer is aware of a material defect, it may influence his
decision to purchase the property in question.
A material defect is a problem with a part or structure or system of a
property that could negatively affect the value or constitute an
undue risk to the occupant, such as temporarily concealed, serious
seepage problems, a shaky building foundation, absence of a right-
of-way or a separate entrance to the property, etc.
Moreover, the seller has an obligation to convey to the buyer a good
title. Nonetheless, it is the buyer's responsibility to establish that a
title defect was not disclosed, and this burden of proof rests with
Duty of Disclosure of Promoters

The authority must make sure that every disclosure made to it by a
promoter with reference to a particular real estate project is made
available on its website in order to comply with Section 34(b) of the
RERA Act, 2016.
In other words, the project promoters are obligated to provide
regular updates to the regulator detailing the project's status so that
the buyers would be able to follow the development's progress on
the RERA website. Further, the promoter shall be responsible for
providing the allottee with the following information at the time of
booking and issuance of the allotment letter:
the layout plans, and specifications, sanctioned plans, as may be
stated by the regulations made by the Authority; Quarterly updated
status of the project; any further information and documentation
that may be required by the Authority's regulations, including the list
of approvals obtained and those that are still outstanding after the
commencement certificate, etc.
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