An agreement for sale is the registered contract between a developer and a flat buyer for a new or under-construction unit. Under Section 13 of RERA, a promoter cannot take more than 10% of the price without a registered agreement for sale, and Maharashtra’s MOFA also requires it to be registered. In Maharashtra full stamp duty is paid on this agreement — about 7% in Pune, PCMC and Thane city limits and 6% in Mumbai — plus 1% registration fee capped at ₹30,000.
Agreement for sale vs agreement to sale
Both are agreements before ownership is finally conveyed, but they are used differently in practice:
| Agreement for Sale | Agreement to Sale | |
|---|---|---|
| Typical use | New flat bought from a developer | Resale flat, shop or plot between individuals |
| Governing rules | RERA + MOFA, model format | Contract Act, Transfer of Property Act |
| Next document | Possession letter; later society conveyance or deed of apartment | Sale deed |
| Stamp duty | Full duty on the agreement | Full duty if possession is given or agreed; otherwise on sale deed |
Documents required for agreement for sale
Buyer
- Aadhaar and PAN card of all buyers
- Passport-size photographs
- Booking / allotment letter and payment receipts
- Home-loan sanction letter, if any
Project (from the developer)
- MahaRERA registration certificate
- Title certificate and approved building plan
- Commencement certificate
- Authority / board resolution of the signatory
Witnesses
- Aadhaar of two witnesses
How the agreement for sale process works
- Get the builder’s draft
Send us the allotment letter and the developer’s draft agreement.
- RERA check
We compare it with the MahaRERA model agreement: carpet area, possession date, payment plan, amenities, parking and interest on delay.
- Stamp duty
We calculate duty on the agreement value or Ready Reckoner value, whichever is higher, and apply the women’s concession where eligible.
- Registration
Registered at the Sub-Registrar office or at the developer’s registration desk, with two witnesses.
- Loan and records
You receive the registered copy and Index-II for your bank and future resale.
Get your agreement for sale done without the guesswork
Send your details on WhatsApp. We share the exact document list and stamp-duty estimate before you pay anything.
What we check in a builder’s agreement
- Carpet area as defined by RERA, not super built-up area.
- Possession date matching the MahaRERA registration, and interest payable to you for delay.
- Payment schedule linked to construction stages, within MahaRERA limits.
- Parking, amenities and common areas clearly described.
- Cancellation and refund terms, and the 5-year defect liability.
- Formation of the society or association and the timeline for conveyance.
If you later want to sell your booked flat before possession, that is done through an agreement to assignment with the developer’s consent.
Agreement for Sale (Builder / RERA) in Pune, Pimpri-Chinchwad, Mumbai, Thane & Palghar
We handle agreement for sale for clients across these cities. What differs locally:
| City | What to know locally |
|---|---|
| Pune | Stamp duty ~7% in PMC limits (6% for women), incl. metro cess & LBT. Registered at Haveli and Pune city Sub-Registrar offices. |
| Pimpri-Chinchwad | Stamp duty ~7% in PCMC limits (6% for women), incl. metro cess & LBT. Registered at Jurisdictional Sub-Registrar office for Pimpri-Chinchwad (Haveli / Maval / Mulshi as applicable). |
| Mumbai | Stamp duty 6% in BMC limits incl. 1% metro cess (5% for women). Registered at Mumbai City and Mumbai Suburban Sub-Registrar offices. |
| Thane | Stamp duty ~7% in TMC limits (6% for women), incl. metro cess & LBT. Registered at Thane district Sub-Registrar offices (Thane, Kalyan, Bhiwandi, Ulhasnagar, Ambernath). |
| Palghar | Stamp duty ~4–7% depending on corporation, council or gram panchayat limits. Registered at Palghar district Sub-Registrar offices (Vasai, Palghar, Dahanu and others). |
Frequently asked questions
Is an agreement for sale compulsory for a new flat?
Yes. Under RERA Section 13 a developer cannot accept more than 10% of the flat cost without first executing and registering an agreement for sale, and MOFA requires it to be registered in Maharashtra.
What is the stamp duty on an agreement for sale in Pune?
About 7% within PMC and PCMC limits (5% duty + 1% metro cess + 1% LBT), with a 1% concession for women buyers, on the higher of agreement value and Ready Reckoner value. Registration fee is 1%, capped at ₹30,000.
Do I pay stamp duty again at possession?
No. In Maharashtra full stamp duty is paid on the registered agreement for sale. Later conveyance documents carry only nominal or adjusted duty.
Can I change the builder’s agreement?
Key terms must follow the MahaRERA model agreement and cannot be weakened against the buyer. We flag clauses that deviate so you can ask the developer to correct them before registration.
What if the builder delays possession?
Under RERA you can claim interest for every month of delay or withdraw with refund and interest. The registered agreement is the basis of a MahaRERA complaint.
Is the agreement for sale enough to prove ownership?
For a new flat it is the main title document until the building is conveyed to the society or a deed of apartment is executed. Keep the original and the Index-II safely.
