In a significant order protecting homebuyers from unfair practices by real estate agents, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a registered agent to pay 1% of the transaction value as refund to a homebuyer.
The order was passed by Member Mahesh Pathak on 5 August 2026 in Complaint No. CC12504580 filed by Anil Kumar Agarwal against real estate agent Aman Yadav (RERA Registration No. A011332400682, proprietary firm Homeland Reality).
The homebuyer had purchased a flat in Building No. 3, Wing C of the project “Aquila” (MahaRERA Registration No. P51800032647) developed by S.D. Corporation Pvt. Ltd. at Plot/S.No. 840 A1 Part, Taluka Borivali, Mumbai Suburban. The agreement for sale was registered on 17 April 2025.
According to the complainant, the agent had promised in writing via email dated 31 March 2025 — before the agreement was signed — that he would share 1% of the transaction cost with the buyer. The agent was allegedly receiving 2% to 2.5% commission from the promoter and had agreed to pass on 1% to the homebuyer. Despite repeated follow-ups on 10 to 20 occasions, the agent failed to pay the amount and eventually stopped responding to calls and messages.
The agent did not file any reply despite multiple opportunities given by MahaRERA. The Authority therefore decided the matter ex-parte.
MahaRERA examined the email and held that the agent’s conduct amounted to a misleading representation and unfair trade practice. The entire order rests on Section 10(c) of the Real Estate (Regulation and Development) Act, 2016. This provision specifically prohibits a registered real estate agent from engaging in any unfair trade practice or making any false or misleading representation concerning the services offered by him.
The Authority observed that the agent made a clear written promise to share 1% of the transaction cost while facilitating the sale. After the deal was completed, he failed to honour the commitment. Such behaviour, MahaRERA ruled, violates the duty of registered agents to act fairly and transparently.
Directions issued:
- The complaint is allowed.
- The agent must pay the homebuyer an amount equal to 1% of the total sale consideration mentioned in the registered agreement for sale dated 17 April 2025.
- The amount will be calculated excluding GST, stamp duty, registration charges and other statutory charges.
- Payment must be made within 30 days from the date of the order.
- Failure to comply will attract further penal action under Section 65 of RERA.
This order sends a clear message that written commitments made by registered real estate agents before a transaction cannot be ignored after the deal is closed. Homebuyers who receive such assurances in writing now have a strong legal ground to approach MahaRERA for enforcement.
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