Section 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 10 lists what a registered real estate agent must do and must not do: deal only in registered projects, maintain books and records, avoid unfair trade practices, make sure the allottee has the information and documents he is entitled to at booking, and discharge other prescribed functions. If you broker property sales, our legal consultation service can help you map your day-to-day practice to these duties.
Every real estate agent registered under section 9 shall not facilitate the sale or purchase of any unit in a project not registered with the Authority (10(a)), shall maintain and preserve the books of account, records and documents as prescribed (10(b)), shall not indulge in unfair trade practices (10(c)), shall facilitate the possession of all the information and documents the allottee is entitled to at the time of booking (10(d)), and shall discharge other prescribed functions (10(e)).
Section 10 at a glance
| Clause | Duty |
|---|---|
| (a) | Do not facilitate sale or purchase in a project not registered with the Authority |
| (b) | Maintain and preserve books of account, records and documents as prescribed |
| (c) | No unfair trade practices (false standard or grade, false approval or affiliation, misleading representation, advertising services not intended to be offered) |
| (d) | Facilitate possession of all information and documents the allottee is entitled to at the time of booking |
| (e) | Discharge other functions as prescribed |
Who an agent is, is set by section 2(zm); how an agent registers is in section 9. The opening words of section 10 apply to "every real estate agent registered under section 9".
Clause (a): only registered projects
"Not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the Authority."
This matches section 3, which stops promoters from selling without registration. For the agent it means a check before every listing: is the project, or the phase being sold, registered? The text does not say how an agent should check or what proof to keep; the registration number of the project is the practical test, and the State's Authority website is where it appears (see how to check RERA registration). The text also refers to "part of it", so a phase that is not registered cannot be sold even if another phase is.
Clause (b): books of account and records
"Maintain and preserve such books of account, records and documents as may prescribed" (the word "be" is missing in the printed text). The Act itself lists no books, no retention period and no format. The State rules fix them, and they differ by State. A broker should keep, at the least, whatever the rules require for each transaction facilitated.
Clause (c): unfair trade practices
The agent shall "not involve himself in any unfair trade practices, namely":
| Item | Practice |
|---|---|
| (i)(A) | A statement, orally or in writing or by visible representation, that falsely represents that the services are of a particular standard or grade |
| (i)(B) | A statement that represents that the promoter or himself has approval or affiliation which such promoter or himself does not have |
| (i)(C) | A statement that makes a false or misleading representation concerning the services |
| (ii) | Permitting the publication of any advertisement, in any newspaper or otherwise, of services that are not intended to be offered |
Note that this clause covers oral statements, wider than the matching ground in section 7 for promoters, which speaks of "in writing or by visible representation". An agent's verbal assurance to a buyer is therefore within clause (c). The clause lists the practices "namely" (that is, as named); unlike section 7, it does not use the word "including".
Example. An agent, Anil, tells a buyer that a tower is "approved by the development authority" when the approval has not been given. That is a statement representing approval the promoter does not have, within (i)(B). Separately, if he lets an advertisement run for a clubhouse that is not planned, clause (ii) is the rule.
Clause (d): information and documents at booking
"Facilitate the possession of all the information and documents, as the allottee, is entitled to, at the time of booking of any plot, apartment or building."
The entitlement itself comes from other provisions of the Act (for example the information the promoter must put out under section 11 and the rights in section 19). Section 10(d) puts a duty on the agent to facilitate that: the agent is not the source of the documents, but must make sure the allottee has them when booking. The text uses "facilitate the possession", which is looser than "deliver", and does not say who bears the burden if the promoter does not supply them.
Clause (e): other functions
"Discharge such other functions as may be prescribed." The State rules may add to the list.
Link with the penalty provisions
Section 10 states the duties. The consequences of breach are in later sections of the Act; for an overview, see penalties under RERA. Section 9(7) separately lets the Authority revoke or suspend an agent's registration for breach of conditions or for obtaining it by misrepresentation or fraud, with a hearing first.
Checklist for an agent
| Before | Action |
|---|---|
| Listing a project | Confirm the project and phase are registered |
| Quoting to a buyer | Use accurate area, approvals and amenities; do not claim affiliation or approvals the promoter lacks |
| Advertising | Advertise only services actually offered |
| Booking | Make sure the buyer has the information and documents he is entitled to |
| Every sale | Quote your agent registration number (section 9(5)) and keep records |
Need help with agent compliance?
Brokers often handle many projects and many verbal promises at once, which is where unfair-practice issues start. Our legal consultation team can review your registration, record-keeping and advertising practice against section 10 and the rules of your State.
Key takeaways
- A registered agent may deal only in projects registered with the Authority.
- Books, records and documents must be kept as prescribed by the State rules.
- Unfair trade practices include oral false statements, false approvals and advertising services not intended to be offered.
- The agent must facilitate the allottee's access to the information and documents he is entitled to at booking.
- The State rules may add other functions.
Read next
- Section 11: functions and duties of the promoter
- Section 9: RERA registration of real estate agents
- How to register as a real estate agent under RERA
- Section 12: false advertisement or prospectus
Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.