Real Estate Agents have been given a new format by MahaRERA to be filled with all case details that are pending against them or where they have been convicted while renewal as well as registration.
By Varun Singh
Real Estate Agents are an integral part of the real estate industry, they are the one who gets home buyers to developers and sellers.
Every real estate agent in the state of Maharashtra is required to be registered as pr sub-section (2) of section 9 of the Real state (Regulation and Development) Act 2016. Every agent has to make an application in writing, prior to engaging in any activity relating to marketing, advertising, or purchase of any apartments.
Rules mandate that an application has to be made by a real estate agent for the registration and further list the documents to be submitted along with the application.
Under clauses (e) & (g) of sub-rule (2) of Rule 11, one has to submit several documents.
The documents to be submitted under clause (e) include an authenticated copy of the proof of address of the principal place of business, number of branch offices if any along with contact details including telephone numbers, fax numbers, and email addresses.
Clause (g) details of all civil or criminal cases pending against him if an individual or any of the partners, directors, trustees, etc. in case of other entities.
MahaRERA, noticed that many a time, real estate agents while making an application for registration or for that matter at the time of renewal of the registration, do not give the particulars and the required documents as per the mandate stated in clauses (e) and (g) of sub-rule (2) of Rule 11 of the Rules.
For the purpose of removal of any doubt and to have clarity on the aspects of the clauses of sub-rule (2) of Rule 11 of the Rules, a circular was issued by MahaRERA.
MahaRERA has made it clear that the particulars and documents required to be submitted, are mandatory in nature, both at the time when a real estate agent seeks registration as well as for renewal of registration.
Therefore, the following details shall be submitted by real estate agents both at the time of registration and also while seeking renewal of the registration as the case may be.
In addition to the information called for in clause (e) of sub-rule (2) of Rule 11 of the Rules, the applicant shall submit an authenticated copy of any one of the following documents to establish the proof of address of his/their principal place of business.
(a) Electricity Bill (b)Telephone Bill (c) Agreement (d) Lease Deed (e) Tenancy Agreement (f) Leave & Licence Agreement.
In addition to the information called for, in clause (g) of sub-rule (2) of Rule 11 of the Rules, the applicant should submit a self-attested declaration.
The declaration would read, “There are no criminal proceedings filed against the applicant and that the applicant has not been convicted by any Court in India or the following criminal proceedings are filed/pending against the applicant viz.:
(a) Case No. ——- in ——- court at——,
(b) Case No. ——- in ——- court at ——,
(c) Case No. ——– in —— court at ——-,
(d) Case No. ——- in ——- court at ——-.
The agent will have to give the details of cases in which he has been convicted or cases that are pending while registration or renewal.
Adv Sunil Kewalamani, on the new circular, said, “The details collected by MahaRERA during the new real estate agent registration and renewal will enable the property buyers to get information about the agents through whom they are planning to buy the property. This will increase trust between the property buyers and the agents.”
