Registration of Real Estate Agent under RERA
No real estate agent without obtaining RERA Registration certificate shall facilitate the sale or purchase of any plot, apartment or building, Get yourself registered under RERA Registration Process for Agent with Filecrat.
Registration of Real Estate Agent under RERA Act
A "Real Estate Agent" means any person, who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, of any other person to him. He receives remuneration or fees or any other charges for his services whether as commission or otherwise. This also 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 and includes property dealers, brokers, middlemen by whatever name called.
A "Real Estate Project" means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartment.
Necessity of RERA Registration for Agents
No real estate agent without obtaining registration under RERA 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, in a real estate project or part of it, being registered under RERA, to be sold by the promoter in any planning area.
Registration as an Agent Under RERA
- Every real estate agent shall make an application to the Authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed. The fees payable for registration of a real estate agent normally differs from state to state.
- The RERA Authority shall, within such period, in such manner and upon satisfying itself of the fulfilment of such conditions, as may be prescribed either grant a single registration to the real estate agent for the entire State or Union territory; or reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of the Act or the rules or regulations made thereunder by giving the applicant an opportunity of being heard in the matter.
- In case on the completion of the period specified thereunder if the applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registered.
- Every real estate agent who is registered as per the provisions of this Act or the rules and regulations made thereunder, shall be granted a registration number by the Authority, which shall be quoted by the real estate agent in every sale facilitated by him under this Act.
- Every registration shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribed.
Revocation or Suspension of Registration as an Agent Under RERA
Where any real estate agent who has been granted registration under this Act commits breach of any of the conditions thereof or any other terms and conditions specified under this Act or any rules or regulations made thereunder, or where the Authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the Authority may, without prejudice to any other provisions under this Act, revoke the registration or suspend the same for such period as it thinks fit by giving the real estate agent an opportunity of being heard.
Responsibilities and Duties of an Agent Under RERA Registration
- Not facilitate the sale or purchase of any plot, apartment or building, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority.
- Maintain and preserve such books of account, records and documents as may prescribed.
- Not involve himself in any unfair trade practices, being the practice of making any statement, whether orally or in writing or by visible representation which falsely represents that the services are of a particular standard or grade; or represents that the promoter or himself has approval or affiliation which such promoter or himself does not have; or makes a false or misleading representation concerning the services; or permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered.
- Facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building, as the case may be.
- Discharge such other functions as may be prescribed.
Video on Online RERA Registration for Agents
- Benefits of RERA Registration
- List of Documents Required
- RERA Registration for Agents
- Penalty For Non-Registration
What's Included
- Consultation with our experts
- Application Drafting and Filing
- Obtaining RERA Registration Certificate
Documents Required
In case of Individual
- Photograph of the applicant, which should be in JPEG/JPG or in PNG format
- PAN card
- Aadhar card
- Educational certificate
- Address proof of place of business
- Contact details
- Details of all real estate projects and their promoters on whose behalf the agent has acted in the preceding five years
- Details of all civil/ criminal cases pending against the agent, if any
In case of Firm/Company
- Photographs of all the Directors, partners, sole proprietors, etc. which should be in JPEG/JPG or in PNG format
- Pan Card of real estate agent /partners
- Aadhar card of all partners/directors/
- The authenticated copy of the address proof of the place of business
- PAN card of the company/firm
- Particulars of registration including bye-laws, MOA, Certificate of incorporation of the company
- GST registration
- Authenticated copy of registration, if any, in any other state or Union Territory
- ITR of last Three years
- Details (if any) of all actual estate initiatives and their promoters on whose behalf he has acted as actual estate agent in previous five years
- Details of all civil/ criminal cases pending against any of the partners, directors, etc
- Details of all real estate projects and their promoters on whose behalf the agent has acted in the preceding five years
- Authenticated copies of all letter heads; rubber stamp images, acknowledgement receipts proposed to be used by the real property agent
- Contact details of the Chairman, partners, directors or such other authorised representatives
- Any other documents (optional)
FAQ's
No, the sellers/agents dealing in projects falling outside planning area or small projects of less than 500 sq mtrs or less than 8 apartments shall not be liable for registration.
Real estate agents will be given a registration number by the authority which will be valid for 5 years and will be quoted in every transaction facilitated by him.
The registration fee payable by a real estate agent for the purposes of registration is prescribed by each appropriate Government of various states. It varies for Individuals being Rs 5000/-; Rs 10,000/-; or Rs 25,000/- and for non-individuals being Proprietorship Firm, Partnership Firm, Society, Pvt Ltd./ Ltd Company, LLP and others being Rs 25,000/-; Rs 50,000/- Rs.1,00,000/-; Rs 200,000/- or Rs 250,000/- depending on state to state
A real estate agent to whom registration has been granted may apply for renewal three months prior to the expiry of the registration granted to him along with all the documents as are required for a fresh application, which may be accepted or rejected after giving an opportunity of being heard to the real estate agent. The registration fee payable by a real estate agent for the purposes of renewal of registration is prescribed by each appropriate Government.
If any real estate agent fails to comply with or contravenes the provisions RERA, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority. The penalty to be imposed upon the real estate agent normally differs from state to state.
If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority. The penalty to be imposed upon the real estate agent for this contravention normally differs from state to state.
If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both. The penalty to be imposed upon the real estate agent for this contravention normally differs from state to state.
Other compliances for agent consists of the following:
- Shall disclose its RERA registration no. On each sale or purchase via it
- Shall no longer deal in any assets which calls for RERA registration however it has now not been registered with RERA
- Shall hold books of debts and details required with the aid of respective RERA
- Shall now not contain himself in any unfair exchange practice
- Shall not put it on the market any false or misleading commercial by using any suggest
- Shall not make any fake or misleading declaration orally or written
- Shall facilitate the ownership of all required facts to the allottee
A penalty of Rs. 10,000/- according today can be levied which may also cumulatively expand upto 5% of the price of real estate property. There is the supply of imprisonment also, which may also increase upto 1 year.
The real property agent needs to sign up in every State RERA in which the actual property belongings is situated.
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