RERA Section 9 & 10: Agent Duties, 10(b) Records, Penalty
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Compliance · Agent Law 📘 Updated 29 Oct 2026 · ⏱ 13 min read

RERA Sections 9 and 10
Every Agent Duty, Clause by Clause

Section 9 decides whether you may work as an agent; Section 10 decides how. Each clause in plain English, with example breaches.

Quick Answer

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.

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Sections 9 and 10 at a Glance

QuestionAnswer
Who is coveredAnyone facilitating a property transfer for a fee; Section 2(zm) includes "property dealers, brokers, middlemen by whatever name called".
When registration is neededBefore facilitating the sale or purchase of a plot, apartment or building in a project registered under Section 3 (Section 9(1)).
WhereWith 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 lastsSet by state rules (Section 9(6)): five years in most states, ten in Uttar Pradesh since 2026.
Ongoing dutiesFive functions in Section 10, clauses (a) to (e).
PenaltySection 62: ₹10,000 per day of default, up to 5% of the cost of the unit whose sale was facilitated.

What Does Section 9 of the RERA Act Say?

Section 9 has seven sub-sections. The first carries the core rule, as printed on India Code:

RERA Act 2016, Section 9(1)
"No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section."

The trigger is conduct, not title; the rule is tied to projects registered under Section 3; and registration must come before the work.

A correction to a common claim
Some guides, including our earlier version, add "or otherwise" to Section 9(1). The Act has no such words. Section 10(a) separately bars selling projects that should be registered but are not.
ClauseWhat it saysWhat it means day to dayExample 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.

Who Must Register, and Does a Firm Cover Its Staff?

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.

What Are an Agent's Duties Under Section 10?

Section 10 opens "Every real estate agent registered under section 9 shall—" and lists five functions:

ClauseThe dutyWhat it means day to dayExample 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.
Two more corrections
Section 10(d) is not a duty to "facilitate completion of the sale"; it is about the allottee's information at booking. And the power to call for records and investigate is Section 35, not Section 26.

What Does Section 10(b) Require for Books of Account?

The Act says maintain and preserve "such books of account, records and documents as may prescribed". Details come from state rules. A defensible minimum:

Transaction register
Date, parties, project, unit, price, amounts, outcome.
Booking file per deal
Booking form, agreement draft, receipts.
Commission records
Agreement, invoice, GST, TDS, payment.
Project checks
Dated portal screenshots.
Disclosure trail
Proof the buyer got their documents.
Advertising archive
Dated copies of your ads.

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 rules that go further

StateExtra dutyStatus
MaharashtraMahaRERA 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
GujaratHalf-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 statesRecord 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.

Can you answer Section 9 and 10 questions under exam pressure?

Deemed registration is 9(4), the number duty 9(5), records 10(b). Test yourself free.

Take the free mock test → Read the exam guide →

How Does Section 10(c) Apply to Your Advertising?

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-clauseStatutory wordsRisky ad copySafer 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.

What Does a Breach Cost? Three Worked Scenarios

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.

Scenario 1: the "RERA applied" pre-launch
An agent books an ₹80 lakh flat in a project whose registration is only applied for: a 10(a) breach (the promoter faces Section 59 separately). Cap: 5% of ₹80 lakh = ₹4,00,000, reached after 40 days at ₹10,000 a day.
Prevention: one portal search and a screenshot before the first WhatsApp message.
Scenario 2: the missed half-yearly report
A Pune agent misses the 20 October Form 6 deadline. That can be treated as a 10(e) breach. On a ₹1.5 crore sale the agent facilitated, the cap is ₹7,50,000.
Prevention: calendar entries for 20 April and 20 October, and a register that makes Form 6 quick.
Scenario 3: the "official partner" flyer
An agent prints "Official channel partner of ___ Developers" without any empanelment, and a buyer complains under Section 31. That is a 10(c)(i)(B) false affiliation claim, and misrepresentation can also put registration at risk under 9(7).
Prevention: keep empanelment letters on file and claim only what they say.

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.

The Agent Self-Audit Checklist

Run it quarterly. Each line maps to a clause, so a "no" shows which duty is exposed.

1. Check your own registration
Find your record on the state portal, note the expiry date and set a renewal reminder three months ahead.
2. Check every project you are promoting
Confirm each project's registration number and status on the portal and save a dated screenshot.
3. Audit your advertising
Check listings, posts and WhatsApp templates for both registration numbers and for any claim you cannot prove.
4. Audit your books and records
Confirm a transaction register, a file per booking, invoices and the records your state prescribes.
5. Check state reporting
Confirm any required report, such as Maharashtra's half-yearly report, is filed.
6. Check what each buyer received
Confirm each buyer got the registration details, sanctioned plan, specifications and draft agreement.
Quick yes/no check
9(1), 9(6)☐ Registration current in every state I work in.
9(5)☐ My number is on every booking form and invoice.
10(a)☐ Every project I promote is registered, with a dated screenshot.
10(b)☐ I can produce any deal file within a day.
10(c)☐ Every ad claim is backed by a document.
10(c)(ii)☐ No sold or withdrawn unit is still listed.
10(d)☐ Every buyer got their documents before booking.
10(e)☐ State reports, if any, are filed.
Firm☐ Staff dealing in their own name hold their own registration.

Why Knowing These Duties Pays Off

Most complaints start small: a missing document, a careless ad line, a token taken too early.

Fewer disputes
Buyers with their documents complain less.
Protected commission
A clean file is evidence when commission is questioned.
Buyer trust
Careful buyers check your number and ads first.
Lower penalty risk
Exposure on a ₹1 crore unit can reach ₹5 lakh.

Buyers can check you too: see how to verify a RERA agent and how to check a builder's RERA registration.

Frequently Asked Questions

What is Section 9 of the RERA Act?
Section 9 of the RERA Act, 2016 requires a real estate agent to register with the state RERA Authority before facilitating the sale or purchase of a plot, apartment or building in a project registered under Section 3. Its seven sub-sections cover the application, grant, deemed registration, the registration number, validity and revocation.
What is Section 10 of the RERA Act?
Section 10 lists five duties of a registered agent: (a) no sales in projects that should be registered but are not; (b) keep the prescribed books of account, records and documents; (c) no unfair trade practices; (d) help the allottee get the information and documents due at booking; (e) other prescribed functions.
What does Section 10(b) of RERA require?
Section 10(b) requires agents to maintain and preserve the books of account, records and documents prescribed by state rules: in practice a transaction register, booking files, commission invoices and project checks. Maharashtra also requires a half-yearly report, due 20 October and 20 April.
What counts as an unfair trade practice for an agent under Section 10(c)?
Section 10(c) names two kinds: (i) any oral, written or visible statement that falsely claims a standard or grade, claims an approval or affiliation that does not exist, or misrepresents the services; and (ii) permitting an advertisement for services not intended to be offered.
What is the penalty if an agent breaks Section 9 or 10?
Under Section 62, ₹10,000 for every day the default continues, up to 5% of the cost of the plot, apartment or building whose sale or purchase was facilitated. On an ₹80 lakh flat, the cap is ₹4 lakh.
Is RERA agent registration valid for five years everywhere?
No. Section 9(6) leaves validity to state rules. Most states set five years and Uttar Pradesh moved to ten in 2026. Check the expiry date on your own certificate and renew before it.
Does my firm's RERA registration cover me as an employee?
It covers sales the firm facilitates in its own name through its staff, and the firm answers for them under Section 10. If you facilitate a sale in your own name, you need your own registration. Maharashtra's CoC and Uttar Pradesh's training order still apply per person.
Can an agent market a project whose RERA registration is only "applied for"?
No. Section 10(a) bars agents from facilitating sales in a project that should be registered but is not, and Section 3 bars advertising before registration. "Applied for" is not registered.
Official Sources
India Code: The Real Estate (Regulation and Development) Act, 2016 (Sections 2(zm), 3, 9, 10, 11, 31, 35, 59, 62, 65, 66)
MahaRERA Order No. 43/2023 (13 Feb 2023), text reproduced by Taxguru: half-yearly reports by agents
MahaRERA: Agent Registration portal
GujRERA: official Gujarat RERA portal
Change Log
29 Oct 2026: Published, rewritten from our guide at /rera/rera-section-9-10/. Corrected the 9(1) quote, 10(c) and 10(d) wording and the inspection section (35) against India Code; clarified firm and staff cover. Added clause tables, advertising map, state record rules, scenarios and a self-audit checklist.
Registered Is the Minimum. Knowing the Duties Is the Edge.

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RERACertified sells this course. RERACertified™ Pro is a private certification and does not replace state RERA agent registration.

New practical guides
Related Reading
RERA Penalties: Common Agent Violations → RERA Agent Registration Renewal → How to Become a Real Estate Agent in India → RERA Agent vs Broker: The Legal Difference → MahaRERA Agent Registration and CoC → How the RERA Complaint Process Works →