MahaRERA Real Estate Agent Handbook 2022

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Questions and Answers

What should a reader do to ensure accuracy when referencing facts in this publication?

  • Rely solely on the book's contents.
  • Trust the author's expertise in every subject.
  • Cross-check all facts with original Government notifications. (correct)
  • Consider the book as the final authority.

What legal action can occur due to unauthorized reproduction of the book?

  • A warning letter from the publisher.
  • Legal action against the offender. (correct)
  • An immediate recall of the book.
  • A temporary ban from purchasing books.

Where are all disputes related to this publication subject to jurisdiction?

  • Delhi.
  • Bangalore.
  • Mumbai. (correct)
  • Chennai.

Which section of the book would you refer to for understanding the key components of the RERA?

<p>Introduction to RERA. (B)</p> Signup and view all the answers

What is stated about the responsibility of the publisher, author, or seller regarding errors found in the publication?

<p>They will address noted errors in the next edition. (D)</p> Signup and view all the answers

What type of content is the book prohibited from being reproduced in?

<p>Any form or by any means. (D)</p> Signup and view all the answers

What is one of the main purposes of the publication as stated?

<p>To shape thinking and inform arguments. (A)</p> Signup and view all the answers

Which section deals with understanding the MahaRERA Portal?

<p>Understanding of MahaRERA Portal. (C)</p> Signup and view all the answers

What is the primary purpose of the Real Estate (Regulation and Development) Act, 2016?

<p>To establish a Regulatory Authority for real estate. (C)</p> Signup and view all the answers

What significant change did the RERA Act introduce for consumers in the real estate market?

<p>Establishment of a grievance redressal mechanism. (C)</p> Signup and view all the answers

When did the Real Estate (Regulation and Development) Act, 2016, become fully operational?

<p>May 1, 2017 (B)</p> Signup and view all the answers

What was one of the key issues that led to the introduction of the RERA Act?

<p>The imbalance in real estate transactions favoring developers. (A)</p> Signup and view all the answers

What mechanism does the RERA Act establish to handle appeals from the Regulatory Authority's decisions?

<p>Appellate Tribunal (A)</p> Signup and view all the answers

Which of the following is NOT a purpose of the RERA Act?

<p>To safeguard developer investments. (C)</p> Signup and view all the answers

According to the RERA Act, what is one expected impact on project completion timelines?

<p>Reduction in the occurrence of huge delays. (B)</p> Signup and view all the answers

What did the Central Government require from State Governments after the introduction of the RERA Act?

<p>To formulate their own Rules and Regulations. (B)</p> Signup and view all the answers

What is the primary focus of MahaRERA in transforming the Real Estate Sector?

<p>Ensuring transparency in information and transactions (C)</p> Signup and view all the answers

Which aspect of the projects does MahaRERA specifically ensure is available online for public view?

<p>Sanctioned plans and layout plans (C)</p> Signup and view all the answers

How frequently does MahaRERA update the status of the projects?

<p>Quarterly (B)</p> Signup and view all the answers

What type of infrastructure provisions are included in the project completion time schedule?

<p>Civic infrastructure such as water, sanitation, and electricity (D)</p> Signup and view all the answers

Which of the following is NOT listed as information available for the public on the MahaRERA website?

<p>Annual financial reports of developers (C)</p> Signup and view all the answers

What is one of the aims of MahaRERA in relation to home buyers and developers?

<p>Bridging the trust gap between home buyers and developers (D)</p> Signup and view all the answers

What types of updates does MahaRERA provide regarding parking for projects?

<p>List of covered parking and garages for sale (C)</p> Signup and view all the answers

What is meant by 'Uniform Regulatory Environment' in the context of MahaRERA?

<p>Consistent rules and regulations across the real estate sector (B)</p> Signup and view all the answers

Who will be held liable for unethical business practices committed by the developer?

<p>Any officer in charge or responsible (D)</p> Signup and view all the answers

Which of the following is true regarding advance payments from buyers?

<p>A promoter cannot accept more than 10% without a written agreement (A)</p> Signup and view all the answers

What percentage of amounts realized for a real estate project must be deposited in a separate account?

<p>70% (D)</p> Signup and view all the answers

Withdrawal from the accounts maintained for a real estate project is determined by what criteria?

<p>The percentage of completion of the project (B)</p> Signup and view all the answers

What must a promoter do if they make a false statement to a buyer?

<p>Compensate with a full refund and interest (B)</p> Signup and view all the answers

When must project accounts be audited?

<p>Within six months after the end of each financial year (B)</p> Signup and view all the answers

What happens to an officer who consents or connives with unethical conduct?

<p>They will also be guilty of the offense (A)</p> Signup and view all the answers

The purpose of maintaining a separate account for project funds is to cover which costs?

<p>Land cost and construction cost (C)</p> Signup and view all the answers

What is one responsibility of an individual real estate agent?

<p>Sourcing leads and closing deals (C)</p> Signup and view all the answers

Which statement accurately describes a non-individual real estate agent?

<p>Is registered under the name of an organization (B)</p> Signup and view all the answers

Under what condition must a real estate agent apply for registration?

<p>Before engaging in marketing or advertising activities (A)</p> Signup and view all the answers

What document must be submitted when applying for registration as a real estate agent?

<p>Form 'G' along with identity verification (C)</p> Signup and view all the answers

Who is liable for the actions of employees in a non-individual real estate agency?

<p>The organization as a whole (C)</p> Signup and view all the answers

What must all communication from a non-individual real estate agent’s employees include?

<p>MahaRERA Registration number (C)</p> Signup and view all the answers

What is the primary purpose of the MahaRERA Registration for real estate agents?

<p>To regulate the market practices in real estate (C)</p> Signup and view all the answers

Why is it important to differentiate between individual and non-individual real estate agents?

<p>To establish liability for actions and conduct (C)</p> Signup and view all the answers

What is the validity period of registration for real estate agents?

<p>Five years (B)</p> Signup and view all the answers

When should a real estate agent apply for renewal of their registration?

<p>At least sixty days before expiry (D)</p> Signup and view all the answers

What form must be used for the renewal application of a real estate agent?

<p>Form ‘J’ (D)</p> Signup and view all the answers

What happens if a real estate agent's application for renewal is rejected?

<p>The agent is informed in Form ‘I’ (B)</p> Signup and view all the answers

Which entities are exempt from registration as real estate agents?

<p>Public authorities selling through lottery (C)</p> Signup and view all the answers

What must accompany the renewal application submitted by a real estate agent?

<p>Updated documents specified in sub-rule (a) to (i) (D)</p> Signup and view all the answers

What is required before an application for renewal of registration can be rejected?

<p>An opportunity for the applicant to be heard (C)</p> Signup and view all the answers

What is the consequence of not applying for renewal at least sixty days prior to expiration?

<p>Inability to renew registration until next period (A)</p> Signup and view all the answers

Flashcards

What is RERA?

A law that creates a regulatory authority for the real estate industry.

What is information asymmetry?

Lack of equal information between buyers and sellers in real estate transactions.

How did developers benefit before RERA?

Developers had an unfair advantage in real estate transactions before RERA.

What is the purpose of the adjudication mechanism in RERA?

A mechanism within RERA to handle complaints and disputes quickly.

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How does RERA protect consumers?

One of the main objectives of RERA is to protect homebuyers from unfair practices.

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What does 'efficient and transparent manner' mean in the context of RERA?

RERA aims to ensure that property transactions happen in a transparent and efficient manner.

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What is the Real Estate Regulatory Authority (RERA)?

A legal entity set up by RERA to regulate and oversee the real estate sector.

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Why is speedy dispute redressal important in RERA?

RERA aims to establish a system for resolving conflicts between buyers and sellers quickly and efficiently.

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What is the preamble of RERA?

The preamble outlines the purpose and goals of RERA.

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What do the 'sections' of RERA represent?

Sections of the Act divide RERA into specific parts, each addressing different aspects.

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What are the key components of RERA?

Key components are the fundamental elements that make up the RERA Act. These include regulations, responsibilities, and rights.

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What is MahaRERA?

MahaRERA is the Maharashtra Real Estate Regulatory Authority, responsible for implementing RERA in Maharashtra.

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What are the key pillars of MahaRERA?

MahaRERA's key pillars are the fundamental principles or objectives that guide its operations. These include consumer protection, transparency, and accountability.

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What is the MahaRERA portal?

The MahaRERA portal is an online platform that provides information and services related to real estate in Maharashtra.

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What is the significance of the MahaRERA portal's menu and sub menus?

The menu bar and sub menus within the MahaRERA portal allow users to navigate through different sections and access specific information.

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Transparency in Real Estate

Ensuring all information and transactions related to real estate are open and easily accessible for public viewing.

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MahaRERA's Website

MahaRERA's website provides detailed information about registered projects, agents, and official rulings.

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Sanctioned Plans & Layout

The approved plans, layout, and specifications for a project are openly displayed online.

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Proposed Project Plans

Information on the proposed plan, layout, and overall floor space allocation for the project.

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Building/Wing Construction

Details of the proposed number of buildings or wings in the project, along with approved plans.

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Project Completion Timeline

A clear and detailed schedule outlining the completion timeline for the project, including essential infrastructure like water, sanitation, and electricity.

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Quarterly Booking Updates

Regular updates provide information on the number and types of booked apartments or plots, keeping buyers informed about project progress.

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Parking and Approval Updates

Regular updates on the availability and status of parking spaces, garages, and approvals for the project.

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Individual Real Estate Agent

A single real estate agent working independently without employees, responsible for all aspects of a transaction from lead generation to closing.

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Non-Individual Real Estate Agent

A real estate agent operating under a business entity, like a company or partnership, with multiple employees handling various roles.

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MahaRERA Registration for Real Estate Agents

A legal requirement for real estate agents to register with the Real Estate Regulatory Authority (RERA) in Maharashtra.

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Rules 11 & 12 of MahaRERA

The legal framework detailing the application and approval process for real estate agent registration under MahaRERA.

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Form 'G' of MahaRERA

An application outlining the details and required documents for real estate agent registration with MahaRERA.

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Documents Required for MahaRERA Registration

A requirement for real estate agents to submit specific documentation along with their application for registration with MahaRERA.

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Liability of a Non-Individual Real Estate Agent

The responsibility of a non-individual real estate agent to ensure all employees act in compliance with ethical standards and regulations.

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MahaRERA Registration Number in Communication

A mandatory requirement for real estate agents to include their MahaRERA registration number in all communications with clients.

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Real Estate Agent Registration Validity

The registration of a real estate agent in Maharashtra is valid for five years and must be renewed before expiration.

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Public Authority Exemption from Registration

Public authorities selling real estate through lottery are exempt from needing a real estate agent registration.

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Renewal Process Timeframe

The process to renew a real estate agent's registration in Maharashtra starts at least 60 days before the registration expires.

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Real Estate Agent Renewal Application

To renew a real estate agent's registration, an application must be submitted in Form 'J' along with the required fees.

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Updated Documents for Renewal

Updated documents, specified in Rule 11, must be submitted along with the renewal application.

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Renewal Application Outcome Notifications

After reviewing a renewal application, the Maharashtra Real Estate Regulatory Authority (MahaRERA) will notify the real estate agent via Form 'K' if the renewal is approved, or via Form 'I' if it's rejected.

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Right to be Heard for Renewal

A real estate agent must have the opportunity to be heard before their renewal application can be rejected.

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Rule 13: Real Estate Agent Registration Renewal

Rule 13 of the Maharashtra Real Estate (Regulation and Development) Rules, 2017 details the process for renewing real estate agent registration in Maharashtra.

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Liability of a Company Officer

An individual responsible for the business operations of a company can be held liable for any unethical practices by the developer, even if they didn't directly participate. This includes situations where they were in charge or responsible for overseeing the company.

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Connivance in Unethical Acts

If an officer commits an unethical act with the knowledge and approval of a director, manager, secretary, or another officer, all involved parties can be considered guilty.

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Advance Payment Limit

A promoter of a real estate project can only accept a maximum of 10% of the property cost as an advance payment or application fee before a written agreement for sale is signed. This agreement must be officially registered.

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Escrow Account for Real Estate Projects

At least 70% of the funds collected from buyers for a real estate project must be deposited in a dedicated account. This money is strictly reserved for construction and land costs.

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Withdrawal from Escrow Account

Withdrawals from the dedicated account for construction and land costs must be proportional to the percentage of the project's completion. Audits are required to verify the project's progress.

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Compensation for False Statements

If a promoter provides false or incorrect information, they must compensate the buyer with a full refund of the property cost, including interest, for any losses incurred.

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Annual Project Audit

Project accounts must be audited within six months after the end of each financial year to ensure transparency and financial accountability in real estate projects.

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Financial Discipline in the Real Estate Sector

The Real Estate (Regulation and Development) Act aims to promote greater financial discipline in the real estate sector by preventing funds diversion and by ensuring proper audits. These practices aim to protect buyers and instill greater trust in the industry.

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Study Notes

MahaRERA Real Estate Agent Handbook 2022

  • This handbook provides a comprehensive overview of the Real Estate (Regulation and Development) Act 2016 (RERA) for real estate agents.
  • It aims to provide a thorough understanding of RERA , its key provisions, and their implications for real estate agents.
  • It is the result of contributions from multiple individuals and organizations, including a committee for curriculum and training.
  • The handbook acknowledges the crucial role of real estate agents in the real estate industry and their importance in facilitating transactions and providing understanding to stakeholders.
  • It was initiated by the government of Maharashtra
  • Real estate agents play a critical role in the sector and are key stakeholders.
  • The handbook, established in 2022, details the functions of the Maharashtra Real Estate Regulatory Authority (MahaRERA).
  • The authority aims to promote a transparent and efficient real estate sector.
  • Real Estate Agents are mandated to register with MahaRERA.
  • MahaRERA is the regulatory body for real estate in the state of Maharashtra, Daman & Diu, and Dadra Nagar Haveli.
  • The handbook covers critical topics such as course orientation, RERA overview, MahaRERA, agent registration, and promoter responsibilities, allottee responsibilities, due diligence, sales process, calculations, and more.

Course Orientation

  • The course aims to provide a comprehensive understanding of the Real Estate (Regulation and Development) Act 2016 (RERA) law.
  • It outlines the core objectives and outcomes of the training.
  • Covering the real estate industry, functions of MahaRERA, and aspects of real estate fundamentals.

Introduction to RERA Act 2016

  • The Act regulates the real estate sector.
  • It promotes transparency and efficient transactions in real estate.
  • It safeguards the interests of consumers.
  • It sets up an adjudicating mechanism to resolve disputes quickly.
  • It aims at protecting the interests of allottees and real estate agents.
  • Key challenges addressed by RERA include information asymmetry, grievance redressal, and delays in real estate projects.
  • The Act came fully operational from May 1, 2017.

Maharashtra Real Estate Regulatory Authority (MahaRERA)

  • MahaRERA is responsible for the regulation and promotion of the real estate sector.
  • MahaRERA's role includes ensuring disclosures from promoters, registering real estate projects, registering real estate agents, and resolving complaints.
  • Several rules have been enacted focusing on the functioning of the authority including those regarding real estate registration, rates of interest, disclosuers on website, employees, penalites, compensation, forms of complaints, appeals, etc.
  • Key components of MahaRERA are the regulatory authority, and the appellate tribunal.

Understanding MahaRERA Portal

  • The MahaRERA website provides various services for promoters, agents, and allottees.
  • Registered Projects, Registered Agents, and Revoked Projects
  • A wide range of functions are available on the portal.
  • Services include registration, complaint filing, and viewing project details.
  • A virtual tour of the portal, key service details for real estate projects, and agent registration details including step-by-step guidance on agent and non-individual agent registration on the MahaRERA web portal.

Real Estate Agent Registration and Responsibilities

  • Real Estate Agents are mandated to register with MahaRERA.
  • Types of real estate agents are Individuals, and Other-than-Individuals (like companies, partnerships)
  • Key functions of real estate agents include registration, compliance, and fair dealings.
  • Thorough understanding of the legal requirements and their implications for Real Estate Agents or stakeholders.
  • Important components include registration application and process, types of real estate agents, registration application and process with required documents
  • Agents are required to comply with regulations and codes of conduct.
  • Agents should avoid unfair trade practices.

Real Estate Project Registration and Promoter Responsibilities

  • Real estate projects need to be registered with MahaRERA.
  • Key registration requirements include filling out forms, providing documentation (e.g., layout plan, specifications, clearances, etc.)
  • Promoters are responsible for adhering to regulations and complying with the Act's provisions.
  • Major responsibilities include project registration, extension of registration, and revocation.

Allottees and their responsibilities

  • Allottees' rights, obligations, and dispute resolution mechanisms.
  • Key rights of allottees include information access, time-bound project completion, rights, possession, compensation, etc.
  • Allottees have obligations in terms of timely payments for their units as per the agreement of sale.
  • Dispute resolution forums are made available.

Due Diligence before Facilitating Sale of Property

  • Agents must verify promoter identity and project details from the MahaRERA website.
  • Agents need to validate the title of the property (ownership).
  • Agents need to ensure compliance with all relevant building approvals and other legal requirements.

Sales Process, Forms and Agreements

  • The process for initiating property transactions, and documents involved.
  • Allotment letters, agreements of sale, payment schedule are explained.

Other Sections

  • The handbook includes sections on online application processes, an appellate tribunal, a conciliation forum, regulatory agency, and statistics, along with a comprehensive list of legal provisions and guidelines.
  • It provides a detailed understanding of different aspects of real estate transactions.
  • These sections provide detailed information on various topics like complaints handling procedure, penal provisions, responsibilities, processes for non-compliance of rules, and how to seek clarification or assistance when needed.

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