Section 9 — Registration of Real Estate Agents
RERA Act 2016, Section 9(1) — Exact Text
"No real estate agent shall facilitate the sale or purchase 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 otherwise, being sold by the promoter in any planning area without obtaining registration under this section."
Three elements of Section 9(1) define its scope:
"No real estate agent shall..."
Absolute prohibition — no exceptions for experience, part-time status, transaction size, or professional association membership
"...or otherwise..."
The obligation extends beyond RERA-registered projects — agents must be registered even when facilitating transactions in non-RERA projects
"...without obtaining registration"
Registration must be obtained before facilitating any transaction — not after, not during application
Who Must Register — The Definition of "Real Estate Agent"
Section 2(zm) defines a real estate agent as: "a person, who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, of any other person and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes property dealers, brokers, middlemen by whatever name called."
✅ Must Register — Examples
✓ Property brokers / dealers / middlemen
✓ Channel partners for developers
✓ Real estate consultants earning referral fees
✓ Social media agents earning booking commissions
✓ Financial advisors earning property referral fees
✓ NRI property facilitators
✓ Employees who personally close deals on commission
✓ Online aggregators facilitating direct buyer-seller contact
⚠️ May Be Exempt — Context Dependent
⚠️ Developer's own direct sales staff (varies by state rule)
⚠️ Lawyers advising on property (if not earning commission for facilitation)
⚠️ Property managers managing completed properties for fees
⚠️ Valuers and surveyors (not facilitating sale)
Section 9 Requirements After Registration
Section 9(3) — Display Registration Number
Your RERA registration number must appear on all documents relating to any real estate transaction you facilitate. This includes: booking forms, ATS correspondence, commission invoices, marketing materials, advertisements, and WhatsApp messages about specific projects. Non-display is a continuous violation.
Section 9(4) — Maintain Books and Records
As prescribed by the state RERA authority. Typically: client register, transaction records, commission receipts, and copies of all CPAs. Subject to RERA inspection under Section 26.
Section 9(5) — Renewal Before Expiry
Registration is valid for 5 years. You must apply for renewal before expiry. Operating on an expired registration is treated as operating without registration — Section 62 penalty applies.
Section 9 — Single Registration Per State
Registration is state-specific. Operating in multiple states requires separate registration in each state.
Section 10 — Agent Duties
RERA Act 2016, Section 10 — Summary
Every registered real estate agent shall:
(a) not facilitate sale in unregistered projects
(b) maintain books of account, records and documents
(c) not indulge in any unfair trade practices
(d) facilitate the completion of sale by the promoter and allottee
Section 10(a) — No Unregistered Projects
An agent must not facilitate the sale or purchase of any property in any project required to be registered under RERA that does not have valid RERA registration. This means:
- The agent's own registration is not enough — the project must also be registered
- An agent cannot market a project just because the developer says "registration applied for"
- An agent who continues to market after a project's registration is cancelled violates Section 10(a)
- Projects exempt from RERA registration can still be marketed — but verify the exemption applies
Penalty: Section 62 — ₹10,000 per day
For each day the agent continues to market an unregistered project. Both the developer (Section 59) and the agent (Section 62) can be penalised simultaneously for the same project.
Section 10(b) — Records Obligation
Every agent must maintain prescribed books of accounts, records, and documents. These can be inspected by the RERA authority at any time under Section 26. What to maintain:
Client Register
Name, contact, date of introduction, project, unit, booking date, outcome
Transaction Files
Booking form copy, ATS copy, payment receipts, correspondence
Commission Records
CPA signed, invoice issued, payment received, GST paid
RERA Verification Screenshots
Portal screenshots with date — proof of due diligence
Disclosure Records
Pre-booking emails sent to buyers with RERA info
Developer Correspondence
All communications with developers including client registration emails
Section 10(c) — No Unfair Trade Practices
Section 10(c) is the broadest and most consequential provision for agent liability. It prohibits agents from engaging in "unfair trade practices" — which includes:
✗
False or misleading statements
Making any false representation about the quality, standard, nature, or location of any property — including carpet area misrepresentation
✗
False statements in advertisements
Any advertisement that is not truthful — inflated amenities, unregistered projects, unsupported price predictions stated as fact
✗
Failure to issue receipts
Not providing written receipts for any money received from any party in connection with a property transaction
✗
Withholding material information
Not disclosing known defects, pending litigation, RERA violations, or any fact the buyer would materially want to know
✗
Misleading price representations
Stating price appreciation as guaranteed rather than as market opinion
✗
Misrepresenting area
Presenting SBA as carpet area without disclosure of the difference
Penalty: Section 62 — Up to 5% of apartment cost
On a ₹1.5 crore apartment, 5% = ₹7.5 lakh. This is paid personally by the agent to the aggrieved buyer — separate from any penalty the developer faces.
Section 10(d) — Facilitate Completion
The agent must facilitate completion of the sale between the promoter and allottee in accordance with the terms and conditions of the agreement for sale. This means:
- Actively assisting in moving the transaction to conclusion
- Helping ensure the ATS is executed and registered
- Not abandoning a transaction mid-way without cause
- Facilitating communication between buyer and developer where needed
Personal Liability — Why These Sections Matter
Unlike pre-RERA, where agents operated in a regulatory vacuum with no personal accountability, Sections 9 and 10 create direct personal liability for agents. The penalty under Section 62 is imposed on the agent individually — not on the developer, not on the agent's firm, not on any CPA relationship. You can be penalised even if you were acting on the developer's instructions. The obligation is personal and non-delegable.
Know Every Obligation — Operate With Confidence
CREP™ covers Sections 9 and 10 in complete depth across IC03 and IC04 — exam-style questions, real-world scenarios, and practical compliance checklists to protect your registration.