ACTUAL TERMS & CONDITIONS:

22. No developer/builder can sell any house/plot etc without the written permission of the concerning authority like Capital Development Authority, Lahore Development Authority, Karachi Development Authority etc. For obtaining permission the developer/builder submits proper drawings, specifications, building plan etc of the proposed houses/flats together with the terms and conditions including the Price on which it proposes to sell. The concerned development authority approves those terms & conditions after making any amendments if any to confirm with the law, though for paper sake only. One such approved copy of terms & condition is given back to the developer. The developers in 99% cases while advertising and booking of flats/houses never show you this original and that original terms & conditions are the one without even having a glimpse of that one signs “I under read and understood”. The developers/builders disclose you only a few terms & conditions but misleading in the advertisement brochure which brochure is not any legal part of your sale purchase agreement.
STANDARD AGREEMENT
23. For about 20 years I struggled on this issue wasting not merely time but in fact quite a lot my own hard earned money in the larger public interest despite being from a lower middle class by arranging such brochures and application forms from Karachi, Lahore etc. I would ask some one from these cities to spare some time, go on taxi on my expense, buy a brochure and send it abroad to me on huge postal expense which I needed only for study. From 1985 to 2000 I must have written not less than 300 letters to each new Prime Minister, each new President, each new Minister for Overseas Pakistanis, MNAs, MPAs, Ombudsmen, or whosoever ever whosoever ever raised any empty voice on the subject. I never got any response. The best hope I had was when the Sindh Minister for Housing and Town Planning was appointed fortunately from educated MQM but my that effort and attempt too went in the drain. My argument and appeal was that no developer/builder be allowed to sell its flats/houses on any application form. Since it is a deal of property hence it be done as is norm through an Agreement signed by both parties. I proposed that there must be a pre-printed Standard Agreement available on stationery shops, or with judicial stationery sellers outside courts or with the concerned development authority which on payment of Rs. 100 or Rs. 200 a potential buyer takes blank, takes it in duplicate to the concerned developer/builder, blank spaces like Price, names of parties, flat number, location of project, completion date etc are filled in, both parties sign, one copy is retained by the buyer and one by the seller. This Standard Agreement would in legal language show what were the responsibilities and obligations each of the seller and the buyer. When this matter went to the Sindh Ombudsman a copy of a “Model Agreement” came to me from KDA with the remarks that a “Model Agreement” was already in existence @ Rs. 50 which could be used by any buyer. Either that Model Agreement was deliberately drafted in a very poor language to benefit the builders or it was the work of some legal adviser appointed on “today’s prevailing merit”. I explained to the Sindh Ombudsman that there was a vast difference between a Model Agreement and a Standard Agreement as is the difference between a Railway Timetable Booklet and practically sitting in the train and traveling. Despite being a lower middle class person with lot of family responsibilities I offered the Sindh Ombudsman a sum of Rs. 25,000 that he may depute two of his staffers to approach with disclosing their identity two separate builders with copies of KDA submitted Model Agreements and get the two flats in two separate projects booked in their own name (ombudsman office staffers). And see how the builder will look towards these persons as if having come from some other world. The Sindh Ombudsman did not take any interest in my more than twice extended this offer – I am sure he was aware what the naked facts on earth were. Sometime in between the most glorious 9 March 2007 when My Lordship Mr. Justice Iftikhar Mohammad Choudhary created history refusing to bow on threats and 03 November 2007 when he with his colleagues was sent home, My Lordship Mr. Justice Iftikhar Mohammad on some public interest case observed that the court can not remain silent on public cheating (or some words like that which I do not remember exactly now). This case was that on some plot in Lahore as usual with collaboration of LDA some builder had announced a tall multistory building whereas probably the plot was a small one not suitable for such a tall building hence there was hue and cry from civic minded that those who booked will get loss. At that time too despite my now ill health I addressed the issue to My Lordship (perhaps with same offer that Sindh Ombudsman be advised to book two flats on my money through his staff to test the Model Agreement). I still hold this offer.
VACANT FLATS:
24. For a project of say 50 flats or 100 flats these builders book and keeping booking for moths over months. Sometime to allure public all of a sudden they announce “we apologise to the disappointed who could not get flat/house as the project got fully booked same day”. This psychologically increase the public interest. After few months from the same builder on his structure large banners can be seen “a few cancelled plots available”.
POSSESSION

25. When you purchase a plot, a flat or a house from any developer, do not be impatient in getting its possession unless you really are in a very bad need to shift and reside or construct a house. It is dangerous. Hardly any month goes by when I do not get two three calls colleagues shy that OPF Islamabad Valley nothing has happened. I always tell them that they should pray ALLAH the great that OPF further delays it for next 5-10 years. I explain them they are still outside working. The land is not developed. Even if it is developed they are not going to construct a house immediately and start living there so why that unnecessary anxiety. I tell them we the Muslims have a belief that whatever comes is from ALLAH and always there is something better in that for us. Yesterday I was reading how even the disease is for good. If OPF Islamabad scheme has been much delayed all of them should be happy and thankful to ALLAH because there is a good from ALLAH in this long delay. I tell them suppose OPF completes all this development this July 2009 and asks you to take possession of your plots what will all you do? Would you people serving abroad come to Islamabad and start constructing houses, certainly not because 80% of those allottees are not residents of Islamabad nor they would on coming back from abroad would settle in Islamabad. What is happening today in the country should not be forgotten. No open plot or unoccupied locked house is safe. The plot or flat is only safe till you have not taken physical possession from the Developer/Builder. As such try your best to take physical possession only when you actually are going to occupy the plot/flat. Prefer paying non utilization charges treating as insurance rather than taking possession till you can hold no more.
26. PS: The above part belongs for buying a house/plot/flat from the Developers/Buildings. The above is not fully exhaustive. As stated above due to ill health this is merely a struggle in the public interest. The above are the scattered points not in consistency and there would be many mistakes or wording/spelling errors as I have just typed playing with key board without looking on the Screen which hurts my eyes. As soon as I could recollect other points I will add.
PURCHASING FROM AN OWNER:

27. There is an other angle of OPs sufferings. An OP comes to know about sale of a house or he finds such an opportunity during his visit to Pakistan. In both case due to being handicapped having no much time he just looks at the house being sold, the locality, the price more particularly friends telling him it is a good opportunity as the seller needs money hence he is selling at a discount price. The trouble starts when after having done everything one fine morning he gets a news from the family that someone has filed a case in the court or has threatened that the house belonged to him.
28. In this the thing is that one house is sold to many. Sometime the blank file of a house is sold to many. This is deliberately done and the mafia/activists mostly try to find an OP the best to select as their next victim in this trade.
29. Due to my ill health, as I can not write fully I would just give a basic guideline which will protect you 50% your rights if not full. Whenever you are going to buy a flat/house/property from an owner, the first and the most important two things never forget to perform. The first is personally visit the concerned development authority eg LDA and check the File of the concerned property. Even after having see the File do not trust your eyes. Remember one thing such professional cheaters have deep in-rods in such offices hence the File shown might in most likely case be a fake. After having seen it immediately under registered mail/fax (not courier) address a letter to the concerned Sectional Incharge giving reference of today’s visit and requesting them to confirm you in writing that the seller is a genuine owner and that the property has not attachments.
30. The other important thing to be done is that immediately release in two prominent newspapers of your city two advertisements, one in English and one in Urdu, as Public Notice stating that you have decided to purchase so and so property from so and so and if anybody has any objection, claim, lien, attachment, interest, he/they must inform you or the concerned Department Authority within 07 days of publication of the Notice. This will save you from many headaches from any future claimants with whom the dishonest owner/seller might have already made sale agreements without your knowledge. This is the best legal protect. Forget to eat your dinner but do not forget to perform this.
Villages:
31. OPs residents of villages have their own sort of problem. When the news reaches the village that Abdul Latif the elder son of Chacha Rahim is coming from Saudi Arabia, the scheme how to get his money starts. The two houses away residing Chacha Bukoo starts telling in the street that he is shifting to other village or his other big house in the village hence he wants to sell his this old small house or plot. When “Tiffa putter’ comes home Abbai Jee tells “Tiffay, Chacha Bukoo is in need of money, plot is of very good nature near to our home, it is a chance why not you take it may be one day Masee Barkatay our next neighbour one day sells her and thus we will have three side by side plot and make one big house”. Tiffa putter gets big glittering dreams and empty his pocket. The family is happy that now they have two plots and start counting the days when Masee Barkatay may also sell her so three plots are combined. It is 3 or 4 months Tiffa Putter having come back on duty in Saudi Arabia that he gets a letter (now mobile) that Massee Barkatay or the left side of the purchased plot resident Chacha Fathoo has filed a case under “Haq Shufa” claiming he had the pre-emptive right of purchase of the said house plot. This is all done by design. I am aware of my own knowledge how every third village resident abroad has the same or similar story to tell. How to over come this, INSHALLAH to be continued if ALLAH gave health.
32. Even if you buy a house/plot from a near dear relative, always get yourselves save by inviting public objections as explained above. Never treat that since you are purchasing from a relative or even the brother hence the exercise is waste. No, you must remember that any third party may have and at a later stage file objection.
POWER OF ATTORNEY:

33. One very important item is Power of Attorney. During the last 20 years I came across dozens and dozens of cases people blindly signing on Power of Attorney and one day finding themselves in hot water. Only last month one approached me that he signed a power of attorney in faour of his trusted friend in Faisalabad for his house. Today he finds his house has been sold in addition that a court notice has come for him to appear as a Bank has filed case for non payment of loan installment. The text of a power of attorney comes from Pakistan which in 90% cases is taken from typists/Munshis sitting outside courts. This text is copied over copied and is uniform. It contains three dozens types powers being given in one power of attorney. For example ABC gets a text from Lahore which he gets typed in Saudi Arabia, gets it attested from Pakistan Embassy and sends it back to his relative in Pakistan. ABC gives power for sale of his plot but this power of attorney text contains eg “Mortgage” which in other words means ABC has given power to his relative that he can also pledge his plot to a bank or any other institution and get loan. In brief, do not sign the Power of Attorney coming from Pakistan already typed or text sent from there. Get is read by some educated, really educated not merely degree holder, and give power only to that extent which is your dire need.