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The Real Estate (Regulation & Development) Act, 2016 (RERA), which came into force on Monday, is set to make brokers more accountable towards homebuyers.
Brokers play an important role in real estate transactions but they have never been under the ambit of a regulatory authority. According to analysts, the Act will certainly bring professionalism in real estate broking.
Here’s how RERA will impact real estate brokers:
Earlier, brokers could not assure that developers will stick to the timelines promised at the time of selling a property. But now, like developers, they will have to register with the state-level real estate regulatory authority. This will make them accountable for their commitments.
“Under RERA, all real estate brokers will have to obtain a brokerage licence from state governments. After taking that licence, they will have to undergo certain courses to become a certified broker. And to maintain that licence, every year they will have to undergo such courses,” said Nishant Singhal, promoter and director (strategy), Investors Clinic.
In case a broker does not meet commitments, it is now a punishable offence.
The Act also calls for forming a Central Advisory Council that will help the government understand issues related to the real estate sector. Real estate agents have also been included in this council, which will help them organise official groups to represent their view. It will also help them build a better reputation among builders and homebuyers.
The regulator has made it mandatory to set up a code of conduct for agents. They will have to make all their transactions official, which will cut down unfair trade practices.
If a real estate broker is marketing a project, the agent has to declare that information. If the promoter has not registered the project in compliance with all necessary regulations, real estate agents would not be allowed to facilitate such transactions. The real estate regulator has the right to reject the application of an agent for registration.
Since the developer has to file the status of various approvals and information on the status of a piece of land on which housing units are coming up, brokers will also know these details. This will help them avoid making false claims to the buyer.
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