RERA brought brokers inside the regulatory perimeter. An agent who facilitates a sale in a registered project without registration — or who breaches the conduct duties under Section 10 — faces a daily penalty that compounds to five per cent of the transaction value. AMLEGALS handles registration, compliance systems and penalty defence.
RERA recognised that the agent — the broker who introduces buyer to project — sits at the heart of the information flow that the Act set out to regulate. By requiring registration under Section 9 and imposing conduct duties under Section 10, the legislature made the agent accountable for what is represented to the buyer and for dealing only in projects that are themselves registered. The daily penalty under Section 62 gives those duties real teeth.
For professional brokerages and property platforms, the exposure is systemic rather than one-off: operating across States means registering under multiple State rules, tracking varying renewal cycles, and ensuring that every advertisement and representation is consistent with the promoter\'s registered commitments. A disciplined compliance architecture is far cheaper than defending a Section 62 penalty computed on a portfolio of transactions.
Preparation and filing of the Section 9 registration application and periodic renewal before the State Authority, including documentation, fee and form compliance.
Designing Section 10-compliant systems: books of account, disclosure records, advertisement review, and avoidance of unfair trade practices.
Defence against Section 62 penalty proceedings for alleged non-registration or conduct breaches, including quantum challenge and mitigation.
Representation where an agent is impleaded in an allottee complaint under Section 31, including compensation claims.
Challenging suspension or revocation of agent registration and representing agents in show cause proceedings.
Compliance advisory for brokerage firms and online property platforms operating across multiple States with differing RERA rules.
Yes. Section 9 of the Real Estate (Regulation and Development) Act 2016 prohibits any real estate agent from facilitating the sale or purchase of any plot, apartment or building in a registered real estate project without obtaining registration from the State Real Estate Regulatory Authority. Registration is required before an agent can broker a transaction in a RERA-registered project, and it must be renewed in accordance with the State rules.
Under Section 10, a registered real estate agent must: not facilitate the sale of any unregistered project required to be registered; maintain and preserve books of account, records and documents as prescribed; not involve themselves in any unfair trade practice (including false representation about services, or publishing false advertisements); facilitate the possession of documents the allottee is entitled to; and comply with the Act, rules and regulations. Breach of these obligations attracts penalty.
Section 62 provides that if a real estate agent fails to comply with or contravenes Section 9 (registration) or Section 10 (functions), the agent is liable to a penalty of ten thousand rupees for every day during which the default continues, which may cumulatively extend up to five per cent of the cost of the plot, apartment or building for which the sale or purchase was facilitated. Continued default can be financially significant on high-value transactions.
The validity period of agent registration is prescribed by the State RERA rules (commonly five years, though this varies by State). Renewal must be applied for before expiry in the prescribed form with the prescribed fee. The Authority may revoke or suspend registration under Section 7 (as applied to agents by the rules) for breach of the Act or the registration conditions, after a reasonable opportunity of being heard.
Yes. Section 31 permits a complaint against a real estate agent, and the Authority or adjudicating officer can direct the agent to comply with obligations and, where loss is caused by the agent's unfair practice or misrepresentation, award compensation. Agents are therefore well advised to document disclosures, retain project registration particulars, and avoid representations beyond the promoter's registered commitments.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
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