Under the Real Estate (Regulation and Development) Act, 2016 (RERA), real estate agents have specific obligations to ensure transparency, accountability, and protection for consumers in real estate transactions. Here are the key obligations of real estate agents under RERA: Registration: Mandatory Registration: Real estate agents must obtain registration from the Real Estate Regulatory Authority (RERA) in their respective states. This registration is mandatory to carry out their business legally. Disclosure of Information: Property Details: Agents must provide accurate and comprehensive information about the property to buyers and sellers. This includes details about the property’s legal status, the builder’s credentials, and any other relevant information. Commission Disclosure: They must disclose the commission or fees they will receive from the transaction to all parties involved. Adherence to Code of Conduct: Professional Conduct: Real estate agents are required to adhere to a code of conduct prescribed by RERA, which includes maintaining honesty, integrity, and transparency in their dealings. Ethical Practices: They must avoid any misleading or fraudulent practices and provide truthful information to clients. Compliance with RERA Regulations: Follow Rules: Agents must comply with all the rules and regulations set forth by RERA, including those related to the functioning and operations of the real estate market. Client Interaction: They must ensure that all interactions with clients are in line with the legal provisions under RERA. Maintaining Records: Document Maintenance: Agents are required to maintain proper records of all transactions, including details of clients, properties, and agreements. These records must be available for inspection by the regulatory authority if required. Grievance Redressal: Consumer Complaints: Agents must cooperate with the grievance redressal mechanisms established by RERA. If a complaint is filed against them, they must address and resolve it in a timely manner. Refund of Fees: Fee Refunds: If an agent collects any fees or advance payments from clients, they must ensure that these are refunded if the services are not provided or if the transaction does not go through, as per the terms agreed upon. Professional Liability: Liability Insurance: Agents may be required to have professional liability insurance to cover any errors or omissions in their professional services. Training and Updates: Continuous Learning: Agents should stay updated with changes in real estate laws, regulations, and market trends to provide accurate and current information to clients. Ethical Behavior: Avoid Conflicts of Interest: Agents must avoid conflicts of interest and act in the best interest of their clients, ensuring fair and impartial advice. These obligations are designed to enhance the professionalism and accountability of real estate agents, thereby improving consumer confidence and protecting the interests of buyers and sellers in the real estate market.
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