Real-estate agents
Agents facilitating sale in registered projects need state registration and must not facilitate unregistered projects or make misleading representations.
Finin2min summary
Agents facilitating sale in registered projects need state registration and must not facilitate unregistered projects or make misleading representations.
Legal anchors
- Sections 9 and 10
- State agent registration rules
How to analyse it
- Verify project registration before marketing.
- Quote agent and project registration numbers.
- Maintain books and records.
- Control sub-brokers and digital marketing.
Practical illustration
A broker markets a pre-launch project through social media before registration. Both agent and promoter may face exposure.
What can go wrong?
- Using another agent’s registration
- No records of customer representations
- Facilitating unregistered inventory
Evidence pack
- Agent certificate
- Project verification
- Lead and commission records
- Marketing archive
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Verify project registration before marketing.
What is the most important control?
Control sub-brokers and digital marketing.
What should be escalated?
Using another agent’s registration, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
- Real Estate (Regulation and Development) Act, 2016 — India Code
- India Code RERA browse page
- MoHUA RERA resource page
- MoHUA RERA FAQs
Secondary commentary may help interpretation, but it is not the source of law.