I am a real estate agent. If I connect a client towards one project, the deal is done via me. If the project is not delivered on time or project is closed or delayed by some reason, I get into obligation & problem. Can my client sue me for the same, according to RERA?


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Answered on November 09, 2017
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  • According to RERA, every real estate agent registered under section 9 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 in any planning area, which is not registered with the Authority; Obligation of Authority consequent upon lapse of or on revocation of registration. Registration of real estate agents. Functions of real estate agents.
    • maintain and preserve such books of account, records and documents as may prescribed; not involve himself in any unfair trade practices, namely:—

    (i) 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;
    - represents that the promoter or himself has approval or affiliation which such promoter or himself does not have;
    - makes a false or misleading representation concerning the services;

    (ii) 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 where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this Act:

    • Provided that if the person affected by such incorrect, false statement contained in the notice, advertisement or prospectus, or the model apartment, plot or building, as the case may be, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed and the compensation in the manner provided under this Act.

    This means it is the liability of a developer, if some issue has occurred due to which the developer is responsible

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