Can a broker sell a flat in a project that is not RERA-registered?
Under RERA Section 10(a), a registered agent may not facilitate sales in an unregistered project in a planning area. How to check first.
By Devesh Sarkaar · · 2 min read
Short answer: No, not in a planning area where the project has to be registered. Section 10(a) of the Real Estate (Regulation and Development) Act, 2016 says a registered real estate agent shall not facilitate the sale or purchase of a plot or apartment in a project that is not registered with the Authority. Check the project's RERA registration before you show it, promote it or take a booking.
What Section 10(a) says
Section 10 lists the functions of a registered real estate agent. The first duty is that the agent shall not facilitate the sale or purchase of any plot, apartment or building in a real estate project, or part of it, that the promoter is selling in a planning area and that is not registered with the Authority (text of Section 10, RERA).
Two things follow for a broker. First, the duty sits on the agent, not only on the builder. Second, it applies to the project, not to your own registration. A broker with a valid agent registration can still breach Section 10 by working on an unregistered project.
The same section also bars unfair trade practices by agents, so a claim like "approved project, no RERA needed" is a bad idea in any case.
Check before the site visit
Brokers who want to avoid this problem can build a simple habit into every new listing:
- Ask the builder or channel partner for the project's RERA number, and write it on the lead file.
- Look up the number on the state RERA portal yourself. For Maharashtra, that is the MahaRERA portal. Do not rely on a printed brochure or a WhatsApp screenshot.
- Check that the registered project name, the phase and the location match what you are about to sell.
- Keep a dated copy of the check in the lead file. If a buyer later disputes a deal, that record is what you will need.
If the RERA number is missing, or the portal shows no match, do not show the project as a registered one. Tell the buyer that the status is unconfirmed, and ask the builder for the registration in writing.
What about "under registration" projects?
Projects sometimes say "RERA applied" or "RERA in process". A pending application is not the same as a registration. Until the portal shows a registration number for the project, treat it as unregistered for your own purposes.
Where Gharleads fits
Gharleads is one option for brokers who want owner and buyer leads. A broker sends a lead request through its app, and a verification desk returns the owner or buyer details after checking them. It is one tool among several. Whatever tool you use, the RERA check stays with you.
Market information, not financial advice. Verify RERA registration before you buy or promote a project.
Frequently asked questions
Does RERA apply to a broker who only refers buyers?
Section 10 is written for registered real estate agents, and it covers the facilitation of sale or purchase. If your work touches the sale, check the project's registration before you take part. This is general information, not legal advice; a lawyer can confirm how the rule applies to your deal.
Can I check a project's RERA status myself?
Yes. Use the state RERA portal and search by project name or registration number. Save the result with the date you checked it.
What if the builder says the registration is coming?
Then the project is not registered yet. Do not promote it as registered, and do not take a booking that implies registration until the portal shows the number.
Do I need a RERA agent registration?
Section 9 of the same Act requires real estate agents to register before they act. If you are not sure whether your own registration covers the work you do, check with the state authority or a lawyer. By Devesh Sarkaar, founder of Propvance IT Solutions, Aivesh Academy and Gharleads
Written by Devesh Sarkaar, founder of Gharleads, Aivesh Academy and Propvance IT Solutions. General information, not legal or financial advice.
