In a landmark 2021 order, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) exposed a dangerous practice still common in premium real estate projects — collecting massive advance amounts under the label of a “non-binding Expression of Interest (EOI)” without registering an Agreement for Sale.

The case involved “The Goodwood Residence”, a luxury residential project located on Cenotaph Road, Chennai, and sent a clear warning to both developers and buyers:
naming a payment an “EOI” does not override RERA law.

Non-binding Expression of Interest (EOI) – meaning (plain and simple):

A non-binding Expression of Interest (EOI) is not a legal sale agreement. It is just a buyer’s preliminary intent saying “I’m interested in this flat” — nothing more.

What Triggered the Dispute

The complainant had shown interest in purchasing an apartment at The Goodwood Residence and, in 2016, paid approximately ₹3.63 crore to the developer under a non-binding Expression of Interest (EOI).

However:

• No registered Agreement for Sale was executed
• The amount collected was nearly 80% of the total apartment value
• The buyer later withdrew and requested a refund

While the developer refunded most of the amount, ₹12.8 lakh was deducted, claiming it was towards service tax and related cesses.

This deduction — and more importantly, the collection of such a large amount without a registered agreement — became the core issue before TNRERA.

TNRERA’s Key Observation: 80% Collected Before Agreement = Violation

TNRERA categorically held that:

• Nearly 80% of the consideration amount was collected
• This was done before executing and registering an Agreement for Sale
• Such collection is a direct violation of Section 13 of the RERA Act

Under Section 13, a promoter cannot collect more than 10% of the property cost without first entering into a written and registered Agreement for Sale.

TNRERA made it clear:

Calling the payment a “non-binding EOI” does not make the transaction legal if large sums are collected.

Why the “EOI” Argument Failed

The Authority rejected the developer’s defence that the payment was merely an “Expression of Interest” and observed that:

• The amount collected was too substantial to be treated as a casual expression
• There was no proof of any taxable service rendered to justify deductions
• The practice effectively bypassed statutory buyer protections under RERA

In simple terms, EOI was used as a workaround, and TNRERA refused to accept it.

Final Direction by TNRERA

TNRERA ordered that:

• The deducted ₹12.8 lakh must be refunded
• Interest at 10.2% was payable to the buyer
• The promoter had failed to comply with mandatory RERA requirements

The order reinforced that financial discipline under RERA is non-negotiable, regardless of project size or brand value.

Where to pull the exact order PDF

The case page lists a “Download PDF” for C.No.264/2019 (Order dated 19 Aug 2021). 
Verified.RealEstate

Why This Case Matters to Property Buyers

This order is critical because it confirms that:

• High-value projects are not exempt from RERA
• Token advances cannot quietly become bulk payments
• Any collection beyond 10% without a registered agreement is illegal
• Buyers are entitled to full refunds and interest when developers violate Section 13

For buyers, this case is a reminder that legal compliance matters more than brochures, reputation, or location.

How Buyers Can Protect Themselves

Before paying any booking amount:

• Verify whether an Agreement for Sale is registered
• Check the percentage of amount being demanded
• Use tools like Verified.RealEstate’s Agreement Review and Payment Risk Checks to avoid illegal advance collections
• Remember: EOI ≠ legal protection