Brokerage / Consultancy Service
Terms & Conditions
Kalpana Realty Services Pvt Ltd acts as a bridge to connect property buyers and sellers in industrial real estate transactions. All our services are provided on a best-efforts basis only. We expressly disclaim any expertise, liability, or responsibility for advice, comments, representations, or opinions on matters beyond the scope of our defined services, including but not limited to legal, environmental, structural, or regulatory issues.
Our Services
A. Site Survey
A. Site survey of suitable properties based on your requirements and budget.
Property Comparison & Negotiation
B. Support in property comparison, negotiation, and decision-making.
Pricing
C. Assistance* in the documentation process.
D. Assistance* in coordinating third-party services for legal, statutory compliance, and related matters.
*Assistance
*Assistance will be provided from our side, but we strongly recommend hiring independent, qualified consultants or vendors for specialized services (e.g., a lawyer for title investigation and due diligence, an architect for building approvals, an environmental consultant for GPCB approvals/CTE/CTO, a fire consultant for Fire NOC, etc.).
The property buyer is responsible for bearing all costs associated with hiring such consultants or vendors. Fulfillment of compliance, approvals, and any related deliverables falls solely within the scope of the relevant consultant or vendor and not Kalpana Realty Services Pvt Ltd. We make no representations or warranties regarding the quality, accuracy, or outcomes of third-party services.
Registration Charges & Consultancy Fee (Brokerage)
- Registration charge: Rs. 9000.00 (inclusive of GST).
- For property purchases, our consultancy fee is 2% of the final agreed price (plus GST), payable in two installments:
- 50% at the time of booking.
- Remaining 50% at the time of sale deed registration.
- For rental/lease deals, our consultancy fee is equivalent to one to five months’ rent (plus GST), depending on the lease duration.
- Any title issues that may arise in properties that may be purchased by the property buyer relying on information and / or assistance provided by Us;
- Any failure on getting the (relevant) approval from (relevant) government department;
Disclaimers and Limitations of Liability
We disclaim any liability for deficiencies in services arising from third-party negligence, willful default, or any other cause beyond our control. Furthermore, Kalpana Realty Services Pvt Ltd shall not be liable for:
- Any title defects, unmarketable title, or legal issues in properties purchased, even if relying on information or assistance provided by us (all title-related matters are the sole responsibility of the buyer’s independent legal advisor).
- Future fluctuations in property prices.
- Loss or damage to title documents in transit.
- Loss of earnest money or deposits due to deals not materializing between buyer and seller.
- Discrepancies between agreed details and the final property delivered.
- Failure by the seller to obtain requisite approvals for the property.
- Additional costs incurred by the buyer for internal modifications or changes to the property.
- Cancellation charges imposed by the seller on the buyer.
- Failure by the developer/builder to obtain approvals for project launch or completion.
- Denial or delay of any government approvals (e.g., from relevant departments), as these are the responsibility of the hired consultants.
Recommendations for Property Buyers
To mitigate risks, property buyers are strongly advised to:
- Engage a qualified lawyer, advisor, or firm for thorough due diligence, title verification, property/project search reports, and any legal matters.
- Hire a qualified home inspector, structural engineer, or contractor for a full assessment of the property’s condition and systems.
- Retain certified consultants or vendors for compliance services, such as an environmental consultant for GPCB approvals.
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For setting up an industry or manufacturing unit, which requires approvals and NOCs from various government departments:
- Register on the Investor Facilitation Portal (https://ifp.gujarat.gov.in).
- Obtain a checklist of required approvals for your business.
- Hire relevant consultants or vendors for specific services.
- Have the land inspected by these consultants or vendors prior to procurement.
- Proceed with land acquisition only after completing the above steps to avoid denial of NOCs or approvals.
- Conduct thorough due diligence and planning before initiating a purchase, as cancellations (especially for under-construction properties with buyer modifications) may result in financial losses.
- Recognize that property buying is a significant decision; reversing it may adversely affect both buyer and seller.
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Complete sale deed registration as the final step, ensuring:
- The buyer takes immediate legal possession upon registration.
- The seller collects full payment before handing over possession.
Payment Obligation
If a property buyer or seller has utilized any of our services (as outlined in the “Our Services” section), they are obligated to pay our consultancy fee (as outlined in the “Registration Charges & Consultancy Fee” section). This obligation applies even if the deal is finalized without our direct involvement, provided the property was introduced or shown by us.
We maintain records of:
- All registered properties.
- All registered buyers.
- All property showings to registered buyers.
General Terms
These terms are intended to protect all parties and are provided on a best-efforts basis. By engaging our services, you acknowledge that Kalpana Realty Services Pvt Ltd acts solely as a facilitator for property options and deal finalization, with no guarantees of outcomes. We recommend consulting independent professionals for all specialized matters. These terms do not create any warranty, guarantee, or fiduciary relationship beyond brokerage facilitation. In case of disputes, jurisdiction shall be limited to courts in Vadodara, Gujarat. We reserve the right to update these terms without notice.
