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PETERESA REALTORS

3.8/5 (2 cases analyzed)
  • States Active In: Maharashtra
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Overall Case Outcomes

Introduction

In the ever-evolving real estate market, choosing the right builder is crucial for potential homebuyers. One of the builders that requires careful examination is Peteresa Realtors, based in Maharashtra. Today, we will explore Peteresa Realtors' performance, legal battles, and offer some advice to prospective buyers.

Overview of Peteresa Realtors

Peteresa Realtors has garnered mixed reviews in terms of customer trust and satisfaction. With only 2 complaints filed against them, the lack of favorable outcomes in legal disputes raises eyebrows. Specifically, the building has lost both cases it has faced, which may be a red flag for potential homebuyers.

Legal Case Details

While Peteresa Realtors has not won any cases, it's important to note that the cases involved e-auction disputes related to flats that were already booked by appellants. Here’s a look at the common threads in the cases:

Cases Won

  • Nature of Claims: The cases centered around claims by appellants asserting that the flats were mortgaged and thus were subject to an e-auction by a Respondent Bank despite being booked.
  • Verdict Summary: The tribunal ruled partially in favor of the appellants, preventing the bank from proceeding with the e-auction of 42 flats. This demonstrates that while the builder was not involved directly in these proceedings, the outcomes still imply potential mismanagement or oversight in ensuring clear ownership and control of properties they marketed.

Cases Lost

  • Peteresa Realtors has lost 2 cases, indicating challenges in maintaining strong legal standing against claims about property management and ownership disputes. Though specific details of their losses are not provided, a pattern of insufficient defense or care in managing property rights seems to emerge.

Analysis of Patterns in Legal Outcomes

In reviewing both the won and lost cases, we can observe certain patterns:

  • Common Factors in Lost Cases: Both lost cases appear to exhibit issues related to property ownership clarity and rights, suggesting that buyers could face problems with acquisitions or title security when purchasing from Peteresa Realtors. This history raises significant concerns about the builder's transparency and operational management.
  • Common Factors in Won Cases: The builder has successfully defended itself against claims directly related to external parties (the bank in this case). The fact that the builder's actions led to a ruling that temporarily protected certain properties from auction implies some awareness of market practices, but it is also alarming that real estate investments are entangled in disputes.

Conclusion

Given the evidence at hand, Peteresa Realtors displays a concerning profile for potential homebuyers. The builder is characterized by a notable lack of successful legal outcomes and has lost all cases. For prospective buyers, it is crucial to approach this builder with caution.

Tips for Potential Buyers

  1. Thorough Research: Investigate reviews and complaints from other customers. Look for patterns in feedback regarding timeframe, quality of service, and legal challenges.
  2. Seek Legal Advice: Before making a purchase, consider consulting with a real estate lawyer to understand fully any potential legal implications or risks.
  3. Get Everything in Writing: Ensure that all promises and agreements are documented in legally binding contracts to protect your investment.

General Tips for Choosing a Builder

  1. Look for a Proven Track Record: Choose builders with a history of positive feedback and a significant number of projects completed successfully without major legal disputes.
  2. Verify Credentials and Registrations: Ensure that the builder is licensed and meets all local regulations and standards.
  3. Check Customer Service Responsiveness: Reach out with inquiries to gauge how the builder handles communication, which can be telling of their operational integrity.

Taking these steps can help ensure that your investment in real estate is secure, transparent, and ultimately beneficial.

Cases Lost by Builder (When Defending)

Yearly Trend for these Cases

Common Topics
E-auction Disputes Mortgage Conflicts Interim Relief Claims

Analysis of the cases filed against Peteresa Realtors, where the builder lost, revealed several key themes across the disputes. Notably, the cases primarily revolved around e-auction disputes and mortgage conflicts, with all significant claims relating to the builder's attempts to e-auction flats that had been previously booked by other parties.

The e-auction disputes stemmed from the builder's mortgage agreements with the Respondent Bank. The bank claimed a legitimate right to e-auction the flats to recover debts, while the appellants sought interim relief to prevent the auctions, arguing that the flats were already booked. This highlights a significant area of contention in the builder's operations, as the Tribunal ultimately restrained the bank from e-auctioning 42 flats in two separate cases, demonstrating a pattern of underlying issues in the builder's financial and operational dealings.

The reasons for these disputes largely center around the builder's inability to fulfill contractual obligations without triggering mortgage provisions that endangered the claims of would-be homeowners. The common triggers for litigation in these cases were the bank's attempts to exercise its mortgage rights and the appellants' countermoves to protect their interests in the booked flats.

The builder lost these cases primarily due to the legal recognition of the mortgage agreements and the Tribunal's acknowledgment of the appellants' rights to the booked properties. The verdicts suggest that the builder may have underestimated the legal implications of mortgaging properties that were also subject to purchase agreements, leading to an inability to defend against the interim relief claims.

Overall, these cases shine a light on the importance of transparency and clear contractual stipulations in real estate transactions, especially when dealing with mortgaged properties. Buyers should be cautious and thoroughly examine the legal status of properties before booking, ensuring that their interests are protected under the law.

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