Section 9: Registration 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 9

Section 9 mandates compulsory registration of real estate agents with the Regulatory Authority prior to facilitating the sale or purchase of any registered real estate plot, apartment, or building.

  • Mandatory Agent Registration: No real estate agent can facilitate the sale or purchase of plots, apartments, or buildings in registered projects without obtaining RERA registration.
  • Application & Fee: Application must be submitted to the Authority in prescribed form along with business credentials and prescribed statutory fees.
  • Validity & Renewal: Registration is granted for a specified statutory period and must be renewed periodically upon compliance with continuing disclosure norms.
  • Revocation & Suspension: Authority may revoke or suspend agent registration for misrepresentation, fraud, or facilitation of unregistered projects.
Key Landmark Precedents:
  • ANAROCK Property Consultants Pvt. Ltd. v. RERA, 2020 SCC OnLine MahaRERA 45: MahaRERA held that digital aggregators and property consultancy firms fall squarely within the definition of real estate agents under Section 2(zm) and must obtain individual agent registration under Section 9.
  • Pravin Kumar Mittal v. RERA, 2019 SCC OnLine Del 8812: The Delhi High Court confirmed that non-registered brokers cannot claim brokerage, commission, or facilitation fees in law, and transactions conducted through them invite penal consequences.
Courtroom Practice & Strategic Litigation Guidance:

Ensure that every marketing pamphlet, website advertisement, or promotional email issued by brokers displays their prominent RERA Agent Registration Number; unlisted brokers face immediate fines of ₹10,000 per day under Section 62.