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  • Sanket Bora

RERA | REAL ESTATE AGENT | PART I

A. Definitions:


Real Estate Agent


Section 2(zm) of the Real Estate (Regulation and Development) Act, 2016 defines Real Estate Agent:

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, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him 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”


Analysis

The Real Estate (Regulation and Development) Act, 2016 has exhaustively defined the Real Estate Agent and accordingly includes the generally defined property dealers, brokers, etc.

B. Registration


Section 9 of the Real Estate (Regulation and Development) Act, 2016 deals with registration of a real estate agent.


“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.

(2) 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.

(3) The Authority shall, within such period, in such manner and upon satisfying itself of the fulfillment of such conditions, as may be prescribed—

(a) grant a single registration to the real estate agent for the entire State of Union territory, as the case may be;

(b) 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:

Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter.

(4) Whereon the completion of the period specified under sub-section (3), 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.

(5) 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.

(6) 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.

(7) 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 satisified 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:

Provided that no such revocation or suspension shall be made by the Authority unless an opportunity of being heard has been given to the real estate agent.”


Analysis

Only those Real Estate Agents are required to be registered under the Real Estate (Regulation and Development) Act, 2016 who are facilitating sale or purchase in a real estate project sold by the promoter.

Accordingly, facilitating sale or purchase on behalf of a person other than a promoter in a real estate project would not require registration under the Real Estate (Regulation and Development) Act, 2016.


C. Checklist for Registration of Real Estate Agent


1. General Info:

a. Business Constitution:

i. Proprietorship

ii. Partnership

iii. Company

iv. LLP

v. AOP

vi. Co-op Society

vii. Trust

b. Full Name of Organisation/Proprietor

c. Fathers Full Name (Proprietor Only)

d. Copy of PAN

e. Copy of Aadhar Card (Proprietor Only)

f. Contact Details of Organisation:

i. Name of Contact Person

ii. Designation of Contact Person

iii. Company Mobile Number

iv. Secondary Mobile Number

v. Landline Number

vi. Email id

vii. Website URL

g. Business Address Details:

i. Copy of Latest Electricity Bill

ii. Copy of Latest Property Tax Challan

h. Passport Size Photograph of Proprietor

i. Partner/Director/Authorised Signatory Details

i. Full Name

ii. Fathers Full Name

iii. Copy of PAN

iv. Copy of Aadhar

v. Address Details:

1. Latest Electricity Bill

2. Passport Copy or Driving License

vi. Mobile Number

vii. Email id

viii. Passport Size Photo


2. Past Experience Details

a. Project Name

b. Promoter Name

c. Project Type

i. Residential

ii. Commercial

iii. Mixed (Plots & Buildings)

iv. Plot

v. Industrial

vi. Others


3. Branch Details (if any):

a. Branch Office Name

b. Branch Office Address

c. Land Line No.

d. Email ID

e. Address Proof:

i. Latest Electricity Bill

ii. Latest Property Tax Challan


4. Litigation Status (if any)

a. Name of Court

b. Type of Case

i. Criminal

ii. Civil

iii. Other

c. Petition

i. Writ

ii. Suit

iii. Appeal

iv. Artibitration Petition

d. Case No.

e. Year

f. Whether any Preventive/Injunction/ Interim Order is Passed?

i. Yes/No

g. Present Status


5. Documents Required (Scanned Copies)

a. PAN Card

b. Particulars of Registration including Bye-Laws

c. MOA/AOA/Partnership Deed

d. Self-Certified Copies of all Letter-Heads

e. Self-Certified Copies of all Letter-Head Rubber Stamped

f. Self-Certified Copies of Acknowledgement receipts proposed to be used

g. Income tax returns of last 3 years or declaration

h. Any pending criminal or civil cases details


D. MahaRERA Fees for Registration



E. Validity of the Registration

As per Section 9(6) r.w.r 12(4) of the the Maharashtra Real Estate (Regulation and Development) (Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017 shall be 5 Years.


F. Application for Registration

Application for registration shall be made in online on www.maharera.mahaonline.gov.in in Form ‘G’.


FORM 'G'

[See rule 11(2)]

APPLICATION FOR REGISTRATION OF REAL ESTATE AGENT

To

The Maharashtra Real Estate Regulatory Authority

____________________

____________________

Sir,

I/We apply for the grant of registration as a real estate agent to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in real estate projects registered in the _________ State of Maharashtra in terms and the rules and regulations made there under,

1. (in the case of an individual) Mr./Ms. _______________________________son of Mr./Ms.____________________________Tehsil_____________District__________

State_____________________;

OR

(in the case of a firm / society / company) ______________firm / society / company __________________having its registered office / principal place of business at ______________.


2. The requisite particulars are as under:-

(i) Status of the applicant, whether individual / company / proprietorship firm / societies / partnership firm / limited liability partnership;

(ii) In case of individual –

(a) Name

(b) Father’s Name

(c) Occupancy

(d) Permanent address

(e) Photograph

OR

In case of firm / societies / companies -

(a) Name

(b) Address

(c) Copy of registration certificate

(d) Major activities

(e) Name, photograph and address of partners / directors etc.

(iii) particulars of registration including the bye-laws, memorandum of association, articles of association etc. as the case may be;

(iv)authenticated copy of the address proof of the place of business, number of branch office if any along with contact details including Telephone Numbers, Fax numbers and e-mail address;

(v) Details of registration in any other State or Union territory;

(vi) particulars of registration obtained under other laws, and rules and regulations, as the case may be, along with the authenticated copies of partnership deeds, memorandum of association, article of association etc.

(vii) colour photographs of the real estate agent, if an individual and of all the partners, directors, trustees, etc including persons in service or assigned work expected on the real estate agent, in case of other entities;

(viii) income tax returns for last three financial years preceding the application or in case the applicant was exempted form filing returns in any of the three year preceding the application, a declaration to such effect;

(ix) details (if any) of all real estate projects and their promoters on whose behalf he has acted as real estate agent in preceding 5 years;

(x) details of civil and criminal cases pending against him if an individual or any of the partners, directors, trustees etc. in case of other entities;

(xi)self-certified copies of all letter heads, rubber stamp images, acknowledgement receipts proposed to be used by the real estate agent;

(xii) such other information as may be specified by through regulations of the Authority

(xiii) whether the registration of the applicant has, at any time been revoked or suspended by the Authority? If so, the details thereof. In case the applicant was a director or manager of a body corporate- State whether the registration of such body corporate has been revoked or suspended at any time.

(xiv) any other information the applicant may like to furnish.


3. I/we enclose the following documents along with, namely:-

(i) Rs. _____as registration fee as per sub-rule (3) of rule 11;

(ii) authenticated copy of the PAN card of the real estate agent; and

(iii) authenticated copy of the registration as a real estate agent in any other State or Union territory, if applicable;


4. I/we solemnly affirm and declare that the particulars given in herein are correct to my /our knowledge and belief.



Dated:

Place:

Yours Faithfully,

Signature and seal (if any) of the applicant(s)



G. Registration Certificate

The registration certificate shall be issued by the Maharashtra Real Estate Regulatory Authority in Form ‘H’

FORM ‘H’

[See rule 12(1)(b)

REGISTRATION CERTIFICATE OF REAL ESTATE AGENT

1. This registration is granted under section 9 with registration certificate bearing No. _______ to -

(in the case of an individual) Mr./Ms. _______________________________son of Mr./Ms. ____________________________ Tehsil_____________ District________________ State_____________________;

OR

(in the case of a firm / society / company) ______________ firm / society / company __________________ having its registered office / principal place of business at ______________. to act as a real estate agent to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in real estate projects registered in the _________ State of Maharashtra in terms and the rules and regulations made there under,


2. This registration is granted subject to the following conditions, namely:-

(i) The real estate agent shall not 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 sold by the promoter which is required but not registered with the regulatory authority;

(ii) The real estate agent shall maintain and preserve such books of account, records and documents as provided under rule 16;

(iii) The real estate agent shall not involve himself in any unfair trade practices as specified under clause (c) of section 10 read with Rule 17;

(iv) The real estate agent shall provide assistance to enable the allottee and promoter to exercise their respective rights and fulfil their respective obligations at the time of booking and sale of any plot, apartment or building, as the case may be.

(v) The real estate agent shall comply with the provisions and the rules and regulations made there under;

(vi) The real estate agent shall discharge such other functions as may be specified by the regulatory authority by regulations;


3. The registration is valid for a period of five years commencing from _____________ and ending with________________________ unless renewed by the regulatory authority in accordance with the provisions or the rules and regulations made there under.


4. If the above mentioned conditions are not fulfilled by the real estate agent, the regulatory authority may take necessary action against the real estate agent including revoking the registration granted herein, as per the Act and the rules and regulations made there under.



Dated:

Place:

Signature and seal of the Authorized Officer

Maharashtra Real Estate Regulatory Authority


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