The broker who sold you a flat promised the moon, took a hefty commission, and then disappeared when the project stalled. If that agent was not registered with your State RERA, the law was already on your side. Every real estate agent must register before facilitating a sale in a RERA project, and an unregistered agent faces a penalty of ₹10,000 for every day of default.
Quick answer: Under Section 9 of the Real Estate (Regulation and Development) Act 2016, an agent must register with the State RERA before facilitating any sale in a registered project. If they did not, you can file a complaint under Section 31 with your State RERA. Section 62 lets the Authority impose ₹10,000 per day of default, up to 5 percent of the property cost.
A real estate agent is anyone who, for a fee or commission, helps sell or buy a plot, apartment, or building in a project registered under RERA. The Act requires every such agent to register with the State Real Estate Regulatory Authority and get a registration number before they facilitate any deal. An agent operating without it is acting illegally.
The governing law is the Real Estate (Regulation and Development) Act 2016, enforced by your State Real Estate Regulatory Authority. Three provisions matter here:
You enforce these by filing a complaint under Section 31, which lets any aggrieved person complain to the Authority or the adjudicating officer for a violation of the Act by a promoter, allottee, or agent. State RERA authorities are expected to dispose of complaints in a time-bound manner under their rules.
RTI angle: A State RERA is a public authority under the Right to Information Act 2005. Before or during your complaint, you can file an RTI to confirm whether the agent and the project are registered, to get the agent's registration record, and to obtain any earlier complaints or penalty orders against that agent. A reply confirming the agent is not registered is direct proof for your Section 62 claim.
Real-life example: Farhan Sheikh of Thane paid a broker ₹2.5 lakh in commission to book a flat in a new project. When the deal soured, he checked the MahaRERA agent registry and found the broker had no registration. He filed an RTI confirming this, then a complaint under Section 31 before MahaRERA, attaching his commission receipts and the broker's messages. The Authority took up the contravention of Section 9 and the penalty under Section 62. His main cost was the complaint fee.
Yes. Under Section 9 of the RERA Act 2016, any agent who facilitates the sale or purchase in a registered project must register with the State RERA and hold a registration number before dealing.
Under Section 62, an agent who contravenes Section 9 or Section 10 is liable to ₹10,000 for every day of default, which can cumulatively extend up to 5 percent of the cost of the plot, apartment, or building involved.
You file a complaint under Section 31 with your State Real Estate Regulatory Authority, usually on its online portal. The complaint can name the agent and seek the penalty and any compensation due to you.
Check the State RERA agent registry and save the result, or file an RTI asking the State RERA whether the agent holds a valid registration. A reply confirming there is none is strong proof for your complaint.
You can seek relief and compensation through the adjudicating officer under the Act, in addition to the penalty under Section 62. The exact recovery depends on your evidence and the Authority's order.
RERA registration for agents centres on facilitating sale or purchase in registered projects. Pure rental brokerage is treated differently, so confirm the nature of your deal and the project's registration status.
State RERA rules generally aim for time-bound disposal, often around sixty days, though it varies by State and case load. Track your complaint and use RTI to push it if it stalls.