Section 10: Functions of real estate agents

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 10

Section 10 codifies the statutory functions, obligations, and professional code of conduct of real estate agents, strictly prohibiting the brokering of unregistered properties or the perpetration of unfair trade practices.

  • Facilitation Bar: Agent shall not facilitate the sale or purchase of any plot or apartment in an unregistered real estate project.
  • Books and Records: Mandatory duty to maintain books of accounts, financial records, and transaction documentation as prescribed.
  • Prohibition of Unfair Trade Practices: Cannot make false oral or written statements regarding promoter affiliations, approvals, quality, or services.
  • Possession of Approved Documents: Agent must provide allottees with copies of sanctioned plans, layout plans, and specifications at the time of booking.
Key Landmark Precedents:
  • Magicbricks Realty Services Ltd. v. RERA, 2021 SCC OnLine MahaRERA 88: Held that real estate listing portals displaying advertisements of unregistered projects violate Section 10(a) and are liable to face penalties under Section 62.
  • Kailash Chand v. RERA, 2022 SCC OnLine Raj 1140: The Rajasthan High Court held that agents who misrepresent possession timelines or common amenities are personally liable to refund commissions and face disciplinary sanction under Section 10.
Courtroom Practice & Strategic Litigation Guidance:

Maintain a physical or digital transaction ledger of all RERA project allotments with client disclosures; never circulate builder brochures that lack the official RERA registration number and approved layout stamps.