Complaint Against an Unregistered RERA Agent - citizen guide 2026

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.

What a RERA agent registration is

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:

  1. Section 9 requires every real estate agent to register with the State RERA before facilitating the sale or purchase of any plot, apartment, or building in a registered project. The registration is granted for a fixed period and must be renewed.
  2. Section 10 lists an agent's duties, including not being party to any unfair trade practice, not making false statements, and maintaining proper books and records.
  3. Section 62 provides the penalty: an agent who contravenes Section 9 or Section 10 is liable to ₹10,000 for every day the default continues, which may cumulatively extend up to 5 percent of the cost of the plot, apartment, or building for which the sale or purchase was facilitated, as determined by the Authority.

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.

Step-by-step: how to complain against the agent

  1. Check the State RERA website's agent registry to confirm the agent has no valid registration, and save a screenshot or take an RTI confirmation.
  2. Confirm the project itself is registered with the State RERA and note its registration number.
  3. Collect your evidence: the commission receipts, agreements, brochures, messages, and any false promises the agent made in writing.
  4. Draft a complaint under Section 31 in the form prescribed by your State RERA rules, naming the agent and describing the contravention of Section 9 or Section 10.
  5. File it on the State RERA portal or office, pay the prescribed fee, and ask for the penalty under Section 62 and any compensation you are entitled to.
  6. Attend the hearings; the Authority or adjudicating officer can impose the daily penalty and direct relief.
  7. If your information requests are ignored, use the RTI first appeal route to push the State RERA for records.

Documents required

  • Proof that the agent facilitated your deal: commission receipts, emails, agreements
  • The agent's name, firm, and any registration number claimed
  • Screenshot or RTI reply showing the agent is not registered with the State RERA
  • The project's RERA registration details
  • Brochures, advertisements, or written promises showing false statements
  • The Section 31 complaint form and the prescribed fee

Common mistakes to avoid

  • Assuming the builder is the only target. The agent has separate duties under Sections 9 and 10, and a separate penalty under Section 62.
  • No proof of the agent's role. Keep commission receipts and written communication, or it is hard to show the agent facilitated the deal.
  • Going only to the police. A RERA complaint under Section 31 is the right forum for the regulatory penalty and relief.
  • Not checking registration in writing. A verbal claim that the agent is unregistered is weak. Use the registry screenshot or an RTI reply.
  • Missing the project registration. Section 9 applies to agents facilitating sales in registered projects, so confirm the project status too.

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.

Frequently asked questions

Must every property broker be registered under RERA?

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.

What penalty can an unregistered agent face?

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.

Where do I complain against a RERA agent?

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.

How do I prove the agent was unregistered?

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.

Can I claim my commission back from the agent?

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.

Does RERA cover agents for resale and rental deals?

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.

How long does a RERA complaint take?

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.

Sources

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