In a strong advisory aimed at protecting the interests of homebuyers and property investors, the Haryana Real Estate Regulatory Authority (RERA), Gurugram Bench, has cautioned the public against transacting through unregistered real estate agents. The Authority has made it clear that dealing with unauthorised intermediaries can expose buyers to serious legal, financial and contractual risks under the Real Estate (Regulation and Development) Act, 2016 (RERA).
Only RERA-Registered Agents Are Legally Permitted
According to the advisory, no real estate agent is permitted to facilitate the sale or purchase of any unit in a registered real estate project unless they are registered with the concerned RERA authority. This requirement is mandatory under Section 9 of the RERA Act, and any violation renders the transaction vulnerable to disputes and enforcement action.
Gurugram RERA observed that unregistered agents often lure buyers with misleading promises, unrealistic returns, false possession timelines and inaccurate project details, which later result in prolonged litigation and financial loss for buyers.
Broad Definition of ‘Real Estate Agent’ Under RERA
The Authority clarified that the definition of a real estate agent under RERA is very wide. It includes:
Individuals who negotiate property transactions on behalf of another person
Those who introduce buyers and sellers for plots, apartments or buildings
Property dealers, brokers, consultants and middlemen
Any person acting for remuneration, commission or consideration, irrespective of the title used
This means that anyone facilitating or influencing a real estate transaction for consideration must be registered with RERA, failing which they are acting illegally.
Legal Consequences of Dealing with Unregistered Agents
Gurugram RERA emphasised that agents who operate without registration are legally ineligible to sell, advertise, market or facilitate the sale of property in RERA-registered projects. Buyers who rely on such agents may find themselves without legal protection if disputes arise.
Additionally, unregistered agents are not accountable to the regulatory framework, making it difficult for buyers to seek redressal or compensation in cases of misrepresentation or fraud.
Why Registration Matters for Homebuyers
A RERA-registered agent is bound by statutory obligations, including:
Providing accurate project information
Avoiding false or misleading advertisements
Maintaining transparency in pricing and commitments
Complying with the RERA Act and rules
If a registered agent violates these duties, buyers can file complaints before RERA, ensuring regulatory oversight and legal remedies.
Advice to Property Buyers and Investors
Gurugram RERA has advised buyers to verify the registration status of both the project and the agent before entering into any transaction. The registration details of authorised agents are publicly available on the RERA portal, allowing buyers to make informed decisions.
The advisory reinforces RERA’s objective of bringing transparency, accountability and professionalism into the real estate brokerage ecosystem, while safeguarding buyers from unethical practices.
Conclusion
By issuing this advisory, Gurugram RERA has sent a clear message that transactions through unregistered agents are risky and legally unsound. Homebuyers and investors are strongly encouraged to deal only with RERA-registered agents to ensure compliance, protection and peace of mind.
