Brokers, Portals and Property Expos: What RERA Requires of Anyone Selling You a Flat
Section 2(zm) of the RERA Act defines a real estate agent broadly, including anyone introducing buyers and sellers through any medium for a fee. This guide explains registration under Section 9, duties under Section 10, penalties under Section 62, and seven checks for Bengaluru buyers dealing with brokers, portals and expos.
Walk into a weekend property expo in Bengaluru and you will meet dozens of people eager to help you buy: developers' sales teams, independent brokers, channel partners, and staff from listing platforms who can set up a site visit or pass your number to a builder. Scroll a property portal and the same thing happens online. The Real Estate (Regulation and Development) Act, 2016 has a view on many of these people. If they introduce buyers and sellers for a fee, the Act's definition of a real estate agent may cover them, and with it come a registration requirement and a set of duties.
This guide reads the agent provisions from the Gazette copy of the Act and explains what a Bengaluru buyer should check about anyone helping them buy into a registered project.
The short answer. Section 2(zm) defines a real estate agent as a person who negotiates or acts for one party in a sale of a plot, apartment or building in a real estate project and receives remuneration, and expressly includes anyone who introduces prospective buyers and sellers through any medium, as well as property dealers, brokers and middlemen by whatever name called. Section 9(1) bars such an agent from facilitating sales in a registered project being sold by the promoter in a planning area without registering, and Section 10 bars registered agents from dealing in unregistered projects and from unfair practices. The trade-off: these rules give you a way to hold intermediaries accountable, but only if you check registration and keep records of what they told you.
Who counts as a real estate agent under RERA?
The definition in Section 2(zm) is wide. It covers 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, and receives remuneration, fees or other charges for the service, whether as commission or otherwise. It then adds two things: it includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase, and it includes property dealers, brokers and middlemen by whatever name called.
The phrase through any medium matters for buyers. It means the label someone uses, whether channel partner, consultant or platform, does not decide whether the Act's definition applies. What matters is what they do and whether they are paid for it. The Telangana regulator's published FAQ, for instance, answers that listing websites, newspapers and exhibitions promoting real estate need an agent's registration if they intend to facilitate the sale or purchase of a plot, apartment or building in a registered project being sold by the promoter in a planning area, under Section 9. That is one regulator's guidance, but the definition it applies is the same central text.
| Provision | What the Act says | What a buyer should do |
|---|---|---|
| Section 2(zm) | Agent includes anyone introducing buyers and sellers through any medium for a fee | Do not rely on labels; ask about registration |
| Section 9(1) | No agent shall facilitate sales in a registered project without registration | Check the agent's registration number |
| Section 9(3)(a) | A single registration for the entire state | Registration should be from Karnataka's regulator |
| Section 10(a) and (c) | No dealing in unregistered projects; no unfair trade practices | Ask which registered project you are being shown |
| Section 10(d) | Help the allottee obtain information and documents due at booking | Ask the agent for the documents you are entitled to |
When must an agent register?
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, being part of a project registered under Section 3 and being sold by the promoter in any planning area, without obtaining registration under this section.
Section 9(3)(a) provides that the Authority shall grant a single registration to the real estate agent for the entire state or union territory. So an agent helping you buy into a registered Bengaluru project should hold registration from Karnataka's real estate regulator. PropNewz explained how to look up an agent in our guide to verifying an agent's RERA registration in Karnataka.
What must a registered agent not do?
Section 10 lists the functions of a registered agent. Under clause (a), the agent shall not facilitate the sale or purchase of any plot, apartment or building in a project being sold by the promoter in a planning area that is not registered with the Authority. Under clause (c), the agent shall not involve themselves in unfair trade practices, which the Act describes as statements that falsely represent services as being of a particular standard, statements that represent that the promoter or the agent has an approval or affiliation they do not have, false or misleading representations about the services, and permitting the publication of advertisements of services that are not intended to be offered.
Clause (b) requires agents to maintain prescribed books of account, records and documents, and clause (d) requires them to facilitate the possession of all the information and documents the allottee is entitled to at the time of booking.
What happens if an agent breaks these rules?
Section 62 provides that if a real estate agent fails to comply with or contravenes Section 9 or Section 10, the agent 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. Penalties are a matter for the Authority, but the provision shows that the Act treats agent registration and conduct as enforceable duties, not formalities.
The Telangana FAQ also answers a question buyers sometimes overlook: whether an agent is authorised to sign on behalf of the promoter or builder. Its answer is no. For any commitment about price, specifications, payment plan or possession date, look for the promoter's own signature on the document.
How should a Bengaluru buyer deal with agents, expos and portals?
Use intermediaries for what they are good at, which is information and access, and verify everything that matters on official sources. Ask every agent for their RERA registration number, and the project's registration number, at the first meeting. Check both on the Karnataka regulator's website. Ask what they are paid and by whom, so you understand whose interest they represent. Keep written records of key promises, especially anything about price, discounts, amenities or possession dates, and get those promises confirmed in writing by the promoter.
- Ask the agent for their RERA registration number.
- Verify it on the state regulator's website.
- Ask for the project's RERA registration number too.
- Confirm the project and phase are registered before paying.
- Ask who pays the agent and how much.
- Get every key promise confirmed in writing by the promoter.
- Keep brochures, messages and notes from every meeting.
What can you do if an agent or advertisement misled you?
Start by separating who said what. If the misleading statement was in the promoter's own advertisement, prospectus or model flat, Section 12 of the Act says a person who makes an advance or deposit on the basis of that information and suffers loss because of an incorrect or false statement shall be compensated by the promoter, and that a person who wants to withdraw shall be returned the entire investment with prescribed interest and compensation. If the problem lies with the agent's own conduct, Section 10 sets out the duties described above, and Section 62 provides penalties for contravention.
The Act also gives a forum. Section 31 allows an aggrieved person to file a complaint with the Authority or the adjudicating officer, as the case may be, for a violation or contravention of the Act or its rules and regulations against a promoter, allottee or real estate agent. Your records will decide how strong that complaint is, which is why the checklist above asks you to keep brochures, messages and notes from every meeting.
Does this apply to resale purchases?
The registration duty in Section 9(1) is framed around projects registered under Section 3 and being sold by the promoter in a planning area. A resale of a flat by its owner may sit outside that specific framing, so check the facts of your transaction rather than assuming either way. Whatever the legal position, the practical habits above still help: know who you are dealing with, what they are paid, and get commitments in writing from the person who can actually make them.
For broader due diligence on a registered project's filing, including the agents a promoter is required to disclose, see our guide to the parts of a RERA filing buyers skip.
Frequently asked questions
Who is a real estate agent under RERA?
Section 2(zm) of the Real Estate (Regulation and Development) Act, 2016 covers anyone who negotiates or acts for one party in a sale in a real estate project for remuneration, including anyone who introduces buyers and sellers through any medium, and property dealers, brokers and middlemen by any name.
Must a broker be RERA registered to sell flats in a Bengaluru project?
Section 9(1) says no real estate agent shall facilitate the sale or purchase of a plot, apartment or building in a project registered under Section 3 and being sold by the promoter in a planning area without obtaining registration. Registration is granted for the entire state.
Can a registered agent sell flats in an unregistered project?
No. Section 10(a) says a registered agent shall not facilitate the sale or purchase of any plot, apartment or building in a project being sold by the promoter in a planning area that is not registered with the Authority. Section 62 provides penalties for contravention.
What penalty can an agent face for breaking RERA rules?
Under Section 62, an agent who fails to comply with or contravenes Section 9 or 10 is liable to a penalty of ten thousand rupees for every day of default, which may cumulatively extend up to five per cent of the cost of the plot, apartment or building.
Last updated 2026-10-31. PropNewz Team.
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