Agent and Broker, For Agents, Agents, Agreement

For Agents


The civil courts and consumer forums barred from entertaining disputes under the Act

Agents – As per section 79 of the Act civil courts are barred from entertaining disputes (suits or proceedings) in respect of matters which the Authority or the adjudicating officer or the Appellate Tribunal is empowered

under the Act to determine. However, the consumer forums (National, State or District) have not been barred from the ambit of the Act.

Section 71 proviso permits the complainant to withdraw his complaint as regards matters under section 12,14, 18 and

section 19 from the consumer forum and file it with the adjudicating officer appointed under the Act.

A complainant approach both the Regulatory Authority/ adjudicating officer and the consumer forums for the same disputes

The laws of the country do not permit forum shopping, thus, an aggrieved can only approach one of the two for disputes over the same matter.

 The Authority delegate any of its functions under the Act

As per section 81, the Authority is empowered to delegate such of its powers and functions under the Act

to any Member, officer or any other person subject to conditions specified in the order issued for the same. However, the Authority cannot delegate the responsibility of making Regulations under section 85 under the Act.

 The Act also cover real estate agents

Yes. Real estate agents which engage in selling projects registered under the Act can do so only after registering themselves with the Authority. Section 9 of the Act provides that 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, as the case may be, in a real estate project or part of it, being the part of the real estate project registered

under section 3, being sold by the promoter in any planning area, without obtaining registration under section 9.

The duties and responsibilities of the real estate agents

Section 10 of the Act provides for detailed functions and duties of real estate agents, which are as under:-

  • He 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;
  • They shall maintain and preserve such books of account, records and documents as may prescribed;
  • He shall not involve himself in any unfair trade practices, namely:—
    • 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 theservices;
    • permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intend to be offer
  • He shall 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;
  • He shall discharge such other functions as may be prescribed.

The manner for registration of real estate agents

The mechanisms for registration, the fees payable, the period of registration, subsequent renewal, rejection of application for registration, revocation etc.

are detail vide the Rajasthan Real Estate (Regulation and Development) Rules, 2017.

For registration every real estate agent shall make an application in Form-H to the Authority along with the following documents,

namely:-

  • brief details of his enterprise including its name, registered address, type of enterprise (proprietorship, society, partnership, company etc.);
  • particulars of registration (whether proprietorship, society, partnership, company etc.) including the bye-laws, memorandum of association, articles of association etc. as the case may be;
  • photograph of the real estate agent if it is an individual and the photograph of the partners, directors etc. in case of other entities;
  • authenticated copy of the PAN card;
  • authenticated copy of the address proof of the place of business; and
  • such other information and documents, as may be specified by regulations

Real estate agent shall pay a registration fee at the time of application for registration through online mode at the time of online registration, for a sum of Rs.10,000/- in case of the applicant being an individual or

Rs.50,000/- in case of the applicant being anyone other than an individual.

For the period the registration of real estate agent shall be valid

The registration granted to a real estate agent shall be valid up to five years.

Registration of real estate agent can be renew, the manner and fees for renewal

The registration of real estate agent may be renew, on an application in Form-K which shall not be less than three months prior to the expiry of the registration granted.

The application fees for renewal shall be pay through online mode at the time of online submission of application, for a sum of Rs.5,000/- in case of the real estate agent being an individual or

Rs.25,000/- in case of the real estate agent being anyone other than an individual.

The real estate agent shall also submit all the updated documents as required for new registration as set out in clauses

(a) to (f) of sub-rule (1) of rule 10. The renewal granted shall be valid for a period five years.

Registration of a real estate agent can be revoke

Where any real estate agent who has been granted registration under this Act

Commits breach of any of the conditions thereof or any other terms and conditions specify under this Act or any rules or regulations made thereunder, or where the Authority is satisfy that such registration has been secure by the real estate agent through misrepresentation or

fraud, the Authority may, without prejudice to any other provisions under this Act, revoke

the registration or suspend the same for such period as it thinks fit: Provided that no such revocation or

suspension shall be made by the Authority unless an opportunity of being heard has been given to the real estate agent.

The registration of a real estate agent is valid for a particular place or for a particular project or for throughout the State

The Authority shall grant a single registration to the real estate agent for the entire State.

In case the Authority does not respond to the application for registration, the real estate agent shall be deemed
as registered after a certain period

Yes. Where, on the completion of the period of thirty days, if the applicant does not receive any communication about the deficiencies in application for registration or

the rejection of such application, the real estate agent shall be deem to be register.

Existing customers referring to others for buying the flat in same project or other project of same promoter. Will they be treate as Real Estate Agent

Yes, if it is against a consideration. Real Estate Agent is clearly define in section 2(zm) of the Act

For Foreign brokers registration and advertisement outside India, will same rule apply as in India

Yes, if it pertains to a registered project under the Regulatory Authority.

If promoter gives false information or documents to real estate agent and agent acts upon such information, will he be liable?

Under Section 12 of the Act, it is the obligation of the promoter regarding veracity of advertisement and prospectus. The agent is liable if he makes a false or misleading representation concerning the services that he intends to offer.

Listing websites / newspapers/ exhibitions promoting real estate needs to take agents’ license

Yes, if they intend to 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, as

the case may be, in a register real estate project being sell by the promoter in any planning area.

Real estate agents putting advertisement on builders’ behalf need to get approved his print / radio/ TV/ other media promotions content

No, however no advertisement should be put out for a project unless the concern promoter has register

the project with Regulatory Authority. The agents should not advertise for services that are not intend to be offer.

 Registration of real estate agent can be renew, the manner and fees for renewal

The registration of real estate agent may be renew, on an application in Form-K which shall not be less than three months prior to the expiry of the registration granted.

The application fees for renewal shall be pay through online mode at the time of online submission of application, for a sum of Rs.5,000/- in case of the real estate agent being an individual or

Rs.25,000/- in case of the real estate agent being anyone other than an individual.

The real estate agent shall also submit all the updated documents as required for new registration

as set out in clauses (a) to (f) of sub-rule (1) of rule 10. The renewal granted shall be valid for a period five years.

Reference:

https://learn.lawdocs.in/for-agents/


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