„In the leasing sector, tripartite agreements can be made between the lender, the owner/borrower and the tenant. As a general rule, these agreements stipulate that if the owner/borrower violates the non-payment clause of the loan agreement, the lender/lender becomes the new owner of the property. In addition, tenants must accept the mortgage lender as their new owner. The agreement also prevents the new owner from amending tenant clauses or provisions,“ Bulchandani adds. According to Bulchandani, tripartite agreements must contain all the information mentioned below: the tripartite agreement should represent the developer or seller who states that the property has a clear title. In addition, it should also be noted that the developer has not entered into a new agreement for sale ownership with another party. For example, the Maharashtra Ownership of Flats Act of 1963 requires full disclosure of all relevant information regarding the property acquired from the seller/developer to the buyer. The tripartite agreement should also include the developer`s commitments to build the building in accordance with approved plans and specifications approved by the local authority. Sub-pricing, as defined in a typical tripartite agreement, clarifies the conditions for the transfer of the property if the borrower does not pay his debts or dies.
A tripartite construction credit contract generally lists the rights and remedies of the three parties from the perspective of the borrower, lender and contractor. It mentions the construction phases, the final sale price, the date of ownership, and the interest rate and maturity of the loan. It also defines the legal procedure known as sub-rogatory, which determines who, how and when different securities of the property are transferred between the parties. Tripartite agreements should include information on real estate and contain an appendix to all initial ownership documents. Ultimately, this will provide great security for all homebuyers who opt for credit under this program through the SBI and who will help build trust, he said. „Tripartite agreements have been reached to help buyers purchase home loans against the proposed purchase of the property. As the house/apartment is not yet in the client`s name, the owner is included in the agreement with the bank,“ said Rohan Bulchandani, co-founder and president of the Real Estate Management Institute™ (REMI) and Annet Group.