Section 9 of the RERA Act requires agents to register with the state Authority before facilitating sales in registered projects and to quote that number in every sale. Section 10 sets five duties: no unregistered projects, keep books and records, no unfair trade practices, give buyers their documents, and follow state rules. Breaches attract Section 62 penalties.
RERACertified™ Professional (RCP) covers Sections 9 and 10, the penalties and your state's rules in self-paced modules with a final exam. RERACertified sells this course. RCP is a private certification and does not replace your state RERA agent registration, Maharashtra's CoC or Uttar Pradesh's mandatory training.
See RERACertified™ Pro — ₹4,999 →| Question | Answer |
|---|---|
| Who is covered | Anyone facilitating a property transfer for a fee; Section 2(zm) includes "property dealers, brokers, middlemen by whatever name called". |
| When registration is needed | Before facilitating the sale or purchase of a plot, apartment or building in a project registered under Section 3 (Section 9(1)). |
| Where | With the RERA Authority of each state or UT you work in; one registration covers that whole state or UT (Section 9(3)). |
| How long it lasts | Set by state rules (Section 9(6)): five years in most states, ten in Uttar Pradesh since 2026. |
| Ongoing duties | Five functions in Section 10, clauses (a) to (e). |
| Penalty | Section 62: ₹10,000 per day of default, up to 5% of the cost of the unit whose sale was facilitated. |
Section 9 has seven sub-sections. The first carries the core rule, as printed on India Code:
The trigger is conduct, not title; the rule is tied to projects registered under Section 3; and registration must come before the work.
| Clause | What it says | What it means day to day | Example breach |
|---|---|---|---|
| 9(1) | Register before facilitating sales in registered projects. | No site visits, bookings or commission claims until your number is issued. | Taking a token cheque for a client while your application is still pending. |
| 9(2) | Apply in the form, manner and time, with the fee and documents, the state prescribes. | Use your state portal's form; individual fees are ₹5,000–₹25,000 in most states. | Working as if approved after filing an incomplete application. |
| 9(3) | One registration for the whole state or UT, or a reasoned rejection after a hearing, within the prescribed period. | One number covers one state only. | A Haryana-registered agent closing a Mohali (Punjab) deal on that number. |
| 9(4) | No grant, rejection or deficiency notice within the period means deemed registration. | Keep proof of the filing date before relying on it. | Claiming "deemed" status while a deficiency email sits unread. |
| 9(5) | You get a registration number, which "shall be quoted by the real estate agent in every sale facilitated by him". | Put it on booking forms, invoices and sale papers; on ads too, as good practice. | A booking form and commission invoice that carry no registration number. |
| 9(6) | Validity and renewal follow state rules and the prescribed fee. | Diary the expiry; several states want renewal three months ahead. | Closing deals a month after expiry because "renewal is in process". |
| 9(7) | Revocation or suspension for breach of conditions, the Act, rules or regulations, or for misrepresentation or fraud, after a hearing. | Once revoked or suspended, Section 9(1) bars you from facilitating sales. | Continuing to take bookings during a suspension period. |
Section 9 stops at sub-section (7); there is no "9(8)". After revocation you are simply unregistered. State fees and validity are in our fee comparison.
If you introduce buyers and sellers for a fee or commission, you are an agent under Section 2(zm), whatever your card says. See RERA Agent vs Broker.
A registered firm's registration covers sales the firm facilitates in its own name through its staff, and the firm answers for those staff under Section 10. Anyone who facilitates a sale in their own name needs their own registration. Maharashtra's Certificate of Competency and Uttar Pradesh's staff-training order still apply to each person.
Section 10 opens "Every real estate agent registered under section 9 shall—" and lists five functions:
| Clause | The duty | What it means day to day | Example breach |
|---|---|---|---|
| 10(a) | No sales in a project that is not registered with the Authority. | Check every project on the portal before you pitch it. | Circulating a "pre-launch, RERA applied" price list and collecting EOIs. |
| 10(b) | Maintain and preserve the books of account, records and documents prescribed. | Keep a register, booking files, invoices and project checks. | No record of who paid what token when a dispute arises. |
| 10(c) | No unfair trade practices: false statements, false approval or affiliation claims, or ads for services not offered. | Say only what you can prove; take down listings you cannot deliver. | A flyer reading "official channel partner" for a builder that never empanelled you. |
| 10(d) | Help the allottee get all information and documents due at booking. | Share registration details, sanctioned plan, specifications and draft agreement before money moves. | Taking a cheque before the buyer has seen the plan or agreement. |
| 10(e) | Discharge such other functions as may be prescribed. | Follow state rules and orders, such as periodic reports. | A Maharashtra agent missing the 20 October half-yearly report. |
The Act says maintain and preserve "such books of account, records and documents as may prescribed". Details come from state rules. A defensible minimum:
Tax overlaps: TDS on commission is 2% above ₹20,000 (Section 393(1), Income-tax Act 2025), and 18% GST applies above the ₹20 lakh threshold (₹10 lakh in special-category states).
| State | Extra duty | Status |
|---|---|---|
| Maharashtra | MahaRERA Order 43/2023 (13 February 2023): half-yearly report in Form 6, for April–September by 20 October and for October–March by 20 April. Form 6 lists projects you are designated on and transactions facilitated, with fees. | Order text checked |
| Gujarat | Half-yearly returns on the GujRERA portal: 10 across the five-year validity, filed even in a period with no deals. | Confirmed in our state guide |
| Other states | Record rules sit in each state's RERA Rules. | Confirm on your portal |
MahaRERA may take "action as deemed fit" on late reports, and a period with no deals still needs a report; our Maharashtra guide covers the filing steps.
Deemed registration is 9(4), the number duty 9(5), records 10(b). Test yourself free.
Clause (i) covers "the practice of making any statement, whether orally or in writing or by visible representation" that does one of three things; clause (ii) covers advertisements for services not intended to be offered. Mapped to real ads:
| Sub-clause | Statutory words | Risky ad copy | Safer version |
|---|---|---|---|
| 10(c)(i)(A) | "falsely represents that the services are of a particular standard or grade" | "Mohali's No. 1 RERA consultant", "100% legal guarantee". | "RERA-registered agent, Reg. No. ___. We check every project on the portal before we show it." |
| 10(c)(i)(B) | "represents that the promoter or himself has approval or affiliation which such promoter or himself does not have" | "Official partner of ___ Group", "Govt-approved project" with no approval, "RERA approved agent" without a number. | Name only empanelments you hold in writing; quote the project's RERA number instead of "approved". |
| 10(c)(i)(C) | "makes a false or misleading representation concerning the services" | Super area shown as carpet area; "2 min from airport"; "assured 12% rental"; amenities not in the sanctioned plan. | Carpet area as defined in Section 2(k); real travel times; amenities as listed on the RERA project page. |
| 10(c)(ii) | "permitting the publication of any advertisement … of services that are not intended to be offered" | Bait listings for units already sold or prices nobody will honour, used to collect leads. | Remove sold or withdrawn units the same day and date your price lists. |
Two promoter rules land on your copy too: Section 3 bars advertising before registration, and Section 11(2) requires ads to carry the Authority's website and registration details.
Section 62: ₹10,000 per day of default, up to 5% of the cost of the unit whose sale was facilitated, as the Authority decides. These are illustrations, not real cases.
Ignoring orders is separate: Section 65 (Authority, up to 5% of unit cost) and Section 66 (Tribunal, up to a year in prison or 10%, or both). See our agent violations guide covers more cases.
Run it quarterly. Each line maps to a clause, so a "no" shows which duty is exposed.
Most complaints start small: a missing document, a careless ad line, a token taken too early.
Buyers can check you too: see how to verify a RERA agent and how to check a builder's RERA registration.
RERACertified™ Pro covers Sections 9 and 10, the penalties and your state track with exam-style questions and real scenarios, so you can run every deal cleanly.
Enroll in RERACertified™ Pro — ₹4,999 →RERACertified sells this course. RERACertified™ Pro is a private certification and does not replace state RERA agent registration.