Is Your Broker RERA Registered? What Bengaluru Buyers Should Check Before Paying Commission
RERA Sections 9 and 10 require real estate agents, including brokers and middlemen, to register, quote their registration number in every sale, avoid unregistered projects and unfair practices, and help buyers get documents. Section 62 sets a Rs 10,000 a day penalty. Here is what Bengaluru buyers should check.
If your Bengaluru flat search started with a broker, that broker may have sent the listing, arranged the site visit, and will later ask for a commission, all before you meet the builder's sales desk. The Real Estate (Regulation and Development) Act, 2016 treats every such broker the same way in one respect. If they help sell a flat in a registered project, they need their own RERA registration, and they owe the buyer a short list of duties.
The short answer. Section 9(1) of the RERA Act says no real estate agent shall facilitate the sale or purchase of any apartment in a registered project in a planning area without obtaining registration, and Section 9(5) requires the agent to quote the registration number in every sale facilitated. Section 10 bars the agent from facilitating sales in unregistered projects and from unfair trade practices, and requires the agent to help the allottee get the information and documents they are entitled to at booking. Section 62 sets a penalty of Rs 10,000 a day, up to 5 percent of the cost of the unit, for breaches. The trade-off: these rules discipline the broker's own conduct, while your core protection against the builder still sits in the agreement with the promoter.
Who counts as a real estate agent under RERA?
The definition in Section 2(zm) of the Gazette of India text of the RERA Act is broad. A real estate agent means any person who negotiates or acts on behalf of one person in a transaction of transfer of a plot, apartment or building in a real estate project, by way of sale, with another person, and receives remuneration, fees or other charges for his services, whether as commission or otherwise.
It goes on to include a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase, and it expressly includes property dealers, brokers and middlemen by whatever name called. A broker working only through messaging apps or listing sites is within that language if the other elements are met. We looked at how this applies to listing platforms and mixed-use projects in our earlier piece on RERA coverage of studio, shop and office units.
When does an agent need RERA registration?
Section 9(1) says 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 in a real estate project, or part of it, registered under Section 3, being sold by the promoter in any planning area, without obtaining registration under that section.
Section 9(3)(a) says the Authority grants a single registration to the agent for the entire State or Union territory. Section 9(5) says every registered agent shall be granted a registration number by the Authority, which shall be quoted by the agent in every sale facilitated by him. Section 9(6) says the registration is valid for the prescribed period and renewable.
Section 34(d) makes it a function of the Authority to maintain a database on its website, for public viewing, with the names and photographs of real estate agents who have applied and registered under the Act, including those whose registration has been rejected or revoked. That database is where you check a broker's number before you rely on it.
Section 9(7) lets the Authority revoke or suspend an agent's registration for breach of conditions, or where registration was secured through misrepresentation or fraud, after giving the agent an opportunity of being heard.
What duties does the agent owe a buyer?
Section 10 lists the functions of every registered agent. The table sets them out with what each means for a Bengaluru buyer.
| Clause | Duty in Section 10 | What it means for you | What to ask the broker | Red flag |
|---|---|---|---|---|
| 10(a) | Not facilitate sale or purchase in a project in a planning area that is not registered with the Authority | A registered agent should not be selling unregistered projects | The project's RERA registration number | No number, or "registration is in process" |
| 10(b) | Maintain and preserve prescribed books of account, records and documents | There should be a record of your transaction | A written receipt for any token or fee | Cash with no receipt |
| 10(c)(i) | No statement that falsely represents a standard or grade, claims an approval or affiliation that does not exist, or is false or misleading about services | Oral claims count, not just brochures | Written confirmation of key claims | "Approval is just a formality" |
| 10(c)(ii) | Not permit publication of an advertisement of services not intended to be offered | Ads should reflect what is actually being sold | Source of the ad you saw | Amenities the builder will not confirm |
| 10(d) | Facilitate possession of all information and documents the allottee is entitled to at booking | The broker should help you get the paperwork, not just the flat | Sanctioned plans and completion schedule | Pressure to book before documents arrive |
Clause 10(c)(i) is worth reading closely. It covers a statement "whether orally or in writing or by visible representation". A site-visit promise made out loud is within the Act's language, which is why the advice to get important claims in writing matters.
Clause 10(d) ties back to the promoter's own duty under Section 11(3), which requires the promoter at the time of booking to make available the sanctioned plans, layout plans and specifications, and the stage-wise time schedule of completion. A good agent helps you collect those before you pay.
What happens if an agent breaks these rules?
Section 62 says that if any real estate agent fails to comply with or contravenes Section 9 or Section 10, he shall be liable to a penalty of ten thousand rupees for every day during which the default continues, which may cumulatively extend up to five per cent of the cost of the plot, apartment or building of the real estate project for which the sale or purchase was facilitated, as determined by the Authority.
Put into numbers on an illustrative Rs 1 crore flat: the daily penalty is Rs 10,000, and the cumulative cap is Rs 5 lakh. That penalty is regulatory. It is levied by the Authority, and it is not the same as compensation to you.
For your own grievance, Section 31(1) lets any aggrieved person file a complaint with the Authority or the adjudicating officer for any violation of the Act, rules or regulations against any promoter, allottee or real estate agent. Our guide to the RERA complaint process explains how that works.
Can the broker be paid by both sides?
The Act's definition answers part of this. Section 2(zm) describes an agent as someone who negotiates or acts on behalf of one person in a transaction with another person and receives remuneration, fees or other charges, whether as commission or otherwise. It does not settle who pays the commission. That is a matter for your written agreement with the broker.
So settle it in writing before you start. If the broker is also being paid by the builder, ask them to say so. Knowing that tells you whose interests the broker is balancing when they recommend one project over another.
Does a registered agent make the purchase safe?
No, and it is important not to confuse the two. Agent registration tells you the broker is accountable to the regulator for their own conduct. It does not tell you that the project is sound, that the land title is clean, or that the builder will deliver on time. Those depend on the promoter's registration, the promoter's disclosures under Section 4(2), and the terms of your agreement for sale.
Use the broker for what Section 10 asks of them: honest information, records, and help getting your documents. Use the promoter's RERA record for everything else. If you are comparing projects with a broker's help, our profile of Tamarind Villas in Attibele is one example of a project page to cross-check against the registration record.
What should you check before paying a broker?
A few minutes of checking can save a dispute over commission later.
- Ask the broker for their RERA agent registration number, which Section 9(5) requires them to quote in every sale they facilitate.
- Check the number against the agent database the Authority maintains under Section 34(d), and confirm the registration is current, since Section 9(6) makes it valid for a prescribed period.
- Ask for the project's RERA registration number, because Section 10(a) bars a registered agent from facilitating sales in unregistered projects in a planning area.
- Get every important claim about the project in writing, since Section 10(c) covers oral statements too.
- Agree the commission, who pays it, and when, in writing before the first site visit.
- Ask the broker to help you obtain the sanctioned plans and completion schedule at booking, as Section 10(d) contemplates.
- Keep receipts for any token, fee or commission paid, and do not pay in cash without a receipt.
Frequently asked questions
Does a property broker in Bengaluru need RERA registration?
Section 9(1) of the RERA Act says no real estate agent shall facilitate the sale or purchase of any plot, apartment or building in a registered real estate project being sold by the promoter in a planning area without obtaining registration. Section 2(zm) includes brokers, property dealers and middlemen by whatever name called.
Where should the agent's registration number appear?
Section 9(5) says every registered real estate agent shall be granted a registration number by the Authority, which shall be quoted by the agent in every sale facilitated by him. Section 9(3)(a) says the Authority grants a single registration for the entire State or Union territory.
What is the penalty for an unregistered or non-compliant agent?
Section 62 says an agent who fails to comply with Section 9 or 10 is liable to a penalty of Rs 10,000 for every day of default, which may cumulatively extend up to five per cent of the cost of the unit for which the sale or purchase was facilitated, as determined by the Authority.
Can I complain to RERA about a broker?
Yes. Section 31(1) of the RERA Act lets any aggrieved person file a complaint with the Authority or the adjudicating officer for any violation of the Act, rules or regulations against any promoter, allottee or real estate agent. Keep written records of the broker's claims and payments.
Last updated 2026-11-14. PropNewz Team.
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