What a real estate agent actually does for buyers is narrower than most people assume: they find and show properties, negotiate and coordinate the deal, but they don’t verify your legal title or guarantee the project. Knowing the boundary helps you decide what to hand over and what to check yourself.
What the Law Calls an Agent
RERA defines the role broadly.
- A real estate agent is anyone who, for a fee or commission, facilitates the sale or purchase of a plot, apartment or building in a project registered under the Act
- The definition covers brokers, property dealers, consultants and other intermediaries acting for another party
- Section 9 requires agents to register with the state RERA authority before facilitating such deals, and Section 10 sets out their duties
What Agents Do for Buyers
The core of the job is search, access and negotiation.
- Understand your needs: budget, location, size and timeline
- Shortlist options from the inventory they know, including projects and resale listings you may not find on your own
- Arrange site visits and answer questions on the neighbourhood
- Share project documents and disclosures when required, since registered agents are expected to provide them
- Negotiate price and terms with the developer or seller
- Coordinate meetings, bookings and handovers, and often introduce you to banks or lawyers
What They Don’t Do
Several tasks stay with you, not with the agent.
- Title and legal verification: an agent isn’t a lawyer, so get the title, encumbrance record, approvals and registration checked independently
- Guaranteeing delivery: an agent can’t promise a builder will finish on time or that the project will get its certificates
- Acting only for you: unless you’ve agreed otherwise, an agent paid by the other side isn’t your adviser
- Setting the price: they can suggest a range, but market value is for you to judge
What You Pay
Brokerage is negotiable and carries tax.
- RERA doesn’t fix brokerage rates, so they’re negotiable
- In resale deals, brokerage is typically shared between buyer and seller, about 1% each, giving the broker around 2% in total, according to one guide
- For new projects, ask who pays and how much, since arrangements differ
- Brokerage attracts 18% GST. On a ₹1 crore deal, a 1% fee of ₹1 lakh adds ₹18,000 in GST for the buyer
The RERA Rules That Protect You
The registration system gives you a way to check an agent.
- A registered agent gets a registration certificate with a number, which they must quote in every transaction and display in advertisements, listings and communications
- Agents must also verify a project’s RERA registration before marketing it, and keep records
- An agent who doesn’t register or who breaks Sections 9 and 10 can be fined up to ₹10,000 for every day the violation continues
- Authorities can suspend or revoke an agent’s registration for fraud or violations
How to Check an Agent
A few minutes of checking helps.
- Ask for the RERA registration number
- Search the state RERA portal’s list of registered real estate agents by name or number
- Check that the agent’s validity dates cover today
- Verify the project’s own RERA registration number separately
A Nuance: When Registration Applies
Guides describe the rule differently.
- Section 9 requires registration for facilitating a sale or purchase in a RERA-registered project
- One guide says registration is mandatory for every broker and agent operating in India, which reads broader than the Act’s wording
- If your deal is a resale outside a registered project, ask whether the agent is registered anyway and why
When an Agent Adds Value
The help is real for some buyers.
- You’re new to the city or the market and don’t know local prices
- You’re short of time for searching and visits
- You want help negotiating
- The deal involves several parties, such as co-owners or tenants
How to Work With One
A few habits keep it clean.
- Agree brokerage in writing before you start, including GST and when it falls due
- Ask who is paying the agent and how that affects their incentives
- Get project documents and read them yourself
- Hire a lawyer for title, and check the approvals and certificates directly
- Pay brokerage only against an invoice
FAQs
Q1. Does a real estate agent verify the property’s title?
No. An agent facilitates the deal but isn’t a lawyer, so have the title, encumbrances and approvals checked independently.
Q2. How much brokerage will I pay?
Rates aren’t fixed by RERA. Resale brokerage is typically about 1% from each party, plus 18% GST, but it’s negotiable.
Q3. How do I verify an agent?
Ask for their RERA registration number and search the state RERA portal’s registered agents section.
Q4. Is it illegal to use an unregistered agent?
Section 9 bars unregistered agents from facilitating deals in RERA-registered projects, and violators can face penalties of up to ₹10,000 a day.
Q5. Do I need an agent at all?
No. You can buy directly from a developer or seller, but an agent can save time and help with negotiation.
