reara exam q & a
reara exam q & a
Answer: Rs. 10,000 for every day during which such default continues, which may cumulatively
extend up to 5 % of the cost of plot, apartment or building, as the case may be of the Real Estate
Project
Which of the following forms has to be filed with MAHRERA authority for complains
Answer: Form A - Needs to be filed with MAHARERA Authority for Complaints
Which of the following are obligation of allottees as per MAHARERA Act & Rules
Answer: Make Payments In A Timely Manner, Liability to Pay Interest, Formation of the
Association
Which of the following is not covered under the definition of promoter as per RERA Act
Answer: Marketing agency of a developer
Which of the following project does not require RERA registration as per section of RERA Act.
Answer: A redevelopment project of existing society where there is no extra unit is constructed.
On completion of 30 days period from the date of application If the registration application is not
rejected then, in how many days the authority has to provide registration certificate to the
applicant
Answer: 7 days
The promoter needs the consent of the __________ allottees in order to transfer its majority
rights to any third party.
Answer: 2/3rd
What is the time period available with the promoter for constituting association of allottees
Answer: 3 months from the date of majority of allottees having booked their units
What is the maximum advance a promoter can accept without entering into the registered
agreement with allottees.
Answer: 10% of total consideration
What is the time period available with the promoter for executing conveyance deed in favour of
association of allottees
Answer: 3 Months from the date of OC, 50% of the total number of allottees in such building or
wing have paid the full
The promoter is responsible for structural defect for the period of ______ years from the date of
handing over of possession
Answer: 5 years
Real Estate agent is defined in Section ____of Real Estate( Regulation and Development ) Act,
2016.
Answer: Section 2 (zm)
The renewal of real estate agent registration may commence at least _____days prior the expiry
of Registration.
Answer: 60 Days before the expiry
On completion of ___period as per rule the authority shall if the application is not rejected
provide registration number to the applicant?
Answer: 7 days
What is the validity of the registration granted to the real estate agent ?
Answer: 5 years
Following details are not required to be upload at the time of quarter update of the project
Answer: Form 05 by statutory auditor
Form B which has to be signed by the Promoter or any person authorized by the Promoter
stating the following.
Answer: That the land is free from all encumbrances or the encumbrances on such land
including the right, title and interest or name of any party in or over such land along with the
details. That 70% of the amounts realized from the allottees from time to time is deposited in a
separate account to be maintained in a scheduled bank to cover the cost of construction and the
land cost and should be used only for that purpose. That he has title to the land on which the
development of the land is proposed along with valid documents of authentication of title if such
land is owned by some other person
Which of the following is not the part of annual compliance of the promoter.
Answer: Form 04 is not the part of the annual compliance of the promoter.
The famous judgement of Ramniklal Tulsidas Kotak v. Varsha Builders (AIR 1992 Bom 62) the
Bombay High Court, laid the following disclosure for search report____________
Answer: Nature of the title of the promoter, Nature of the title of the vendor or the promoter or of
the person through whom the promoter claims, Encumbrances and claims on the land
The promoter shall obtain title insurance for which of the following
Answer: Title of the land and building as a part of the real estate project and Construction of the
real estate project.
What is the purpose of uploading the allotment letter with the application for registration of the
real estate project?
Answer: To show that the format complies with regulatory requirements
Which of the following must be mutually agreed upon by both parties for a property transaction
to maintain legal sanctity of the document?
Answer: The clauses which needed to be added in the contract
What does the term 'escalation-free' mean in context of the given scenario?
Answer: No increase in price except for government-mandated development charges or other
levies
What does the Promoter need to obtain from the local authority before handing over possession
of the Apartment?
Answer: Occupancy and/or completion certificates (OC or BCC) should be issued by the local
authority before handing over possession of the Apartment.
How much time does the promoter have to give notice to the Allottee before terminating the
Agreement?
Answer: 15 Days Notice to be given to the Allottee before terminating the Agreement.
Within how many months should the Allottee take possession of the Apartment/Plot after
receiving a written offer from the Promoter?
Answer: 3 Months from the date of receiving a written offer from the promoter.
Within how many days of receiving the occupancy certificate of the Project, should the Promoter
offer possession to the Allottee?
Answer: 7 days
Effective GST Rate for an office block in a commercial scheme in Mumbai having value 40 lacs
and carpet area of more than 90 sq. mtr.?
Answer: 12% - Effective GST Rate for an office building with a value of 40 lacs and a carpet
area of more than 90 square meters in commercial development in Mumbai.
What is the rate of TDS under section 194IA of The Income Tax Act, 1961?
Answer: 1% - According to Section 194IA of the Income Tax Act of 1961.
In which of the following cases the Provisions under section 194IA is not applicable?
Answer: The immovable property transferred is a rural agricultural land ; The immovable
property has been compulsory acquired under any law ;The total amount of consideration for the
transfer of immovable property is less than Rs. 50,00,000/-
Which areas of Maharashtra are included in the Planning Area as defined in the Act?
Answer: In accordance with notifications issued by Urban Development Department of
Government of Maharashtra, MR & TP Act is applicable to all the districts of Maharashtra.
Hence, all areas of Maharashtra are included in Planning Area as defined in Section 2(zh) of the
Act
Does the definition of ‘promoter’ include public bodies such as Development Authorities and
Housing Boards
Answer: The Act covers all bodies (private and public) which develop real estate projects for
sale to the general public. Section 2(zk) defines the term ‘promoter’ which includes both private
and public real estate promoters. Thus, both Development Authorities and the Housing Boards,
when involved in sale are covered under the Act.
Does advertisement include solicitation by emails and sms? Is issuance of prospectus
considered to be a case of ‘advertisement’ ?
Answer: As per section 2(b), which defines ‘advertisement’, any medium adopted in soliciting for
sale would be covered under the said definition, including sms and emails. Prospectus, which is
intended for sale of apartment in real estate project, will also be covered.
What is the obligation of the promoter towards return of amount and compensation to the
allottee?
Answer: Section 18 of the Act provides for provisions as regards various situations in which the
allottee would be compensated by the promoter due to delay in completion of the project etc.
If the registration of a real estate project is revoked for any reason, how will the interest of the
buyer, in such project, be protected by MahaRERA?
Answer: MahaRERA will take action in accordance with section 8 of the Act.
Is there any provision for interim relief to be granted, pending the final adjudication of the
complaint?
Answer: The procedure to be followed by MahaRERA while adjudicating a complaint is detailed
in section 36 of the Act read with Rule 6(2) of Maharashtra Real Estate (Regulation and
Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints
and Appeal, etc.) Rules, 2017.
If the buyer wants to file a complaint in Consumer Court, is there any bar under the Act?
Answer: No. As per section 79 of the Act, civil courts are barred from entertaining disputes (suits
or proceedings) in respect of matters which Real Estate Regulatory Authority or the adjudicating
officer or the Appellate Tribunal is empowered under the Act to determine. However, the
consumer forums (National, State or District) have not been barred from the ambit of the Act.
Section 71 proviso permits the complainant to withdraw his complaint as regards matters under
section 12, 14, 18 and section 19, from the consumer forum and file it with the adjudicating
officer appointed under the Act.
Can the promoter change the plans of subsequent phases after registration of the 1st phase?
Answer: The Act puts an obligation on a promoter to obtain consent of each allottee, if he wants
to change the building plans for the phase that is registered. If a subsequent phase has not been
registered, the promoter can change the plans of the subsequent phases without obtaining
consent of the allottees from current / ongoing phases. However, if the subsequent phases are
also registered, consent of allottees, of the concerned phases, would be needed as mentioned in
section 14 of the Act.
Can project finance taken by promoters from financial institutions be withdrawn from designated
70% account?
Answer: Yes, if this is declared at the time of registration and subject to provisions of Section 4
of the Act and Maharashtra Real Estate (Regulation and Development)(Registration of Real
Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on
Website) Rules, 2017 made there under. However, the money withdrawn should be utilized
towards construction expenses of the project, on priority.
If due to a change in government policy, the promoter is entitled to additional FSI etc., can the
promoter build additional floors in a registered ongoing project where initially those floors were
not planned?
Answer: Yes, but consent of allottees would be needed as mentioned in Section 14 of theAct.
Sometimes buyer is ready and gives undertaking that he is ok to give money beyond 10%
however does not want to register. Should it be allowed?
Answer: No. Section 13(1) of the Act prohibits the promoter from taking more than 10% of the
cost of apartment without entering into a written agreement for sale, duly registered.
Even if real estate agent has not taken any commission from client and taken it from promoter,
can the agent still be responsible and liable for builder’s default?
Answer: The agent's liability is in accordance with Section 10 of the Act. He is not held liable for
the promoter's default
In how many days a Buyer under the RERA Act can file an Appeal with RERA?
Answer: A period of 60 days from the date of the default by the developer.
After the Developer gets OC, what is the timeline the Allottee has to take possession?
Answer: 2 Months
What form specifies the complaint format that must be submitted to RERA?
Answer: Form B has to be filled by the Allottee with the Complaint.
What is the target timeframe for the Appellate Tribunal at MahaRERA to resolve the appeal?
Answer: 60 Days from the date of appeal by the Allottee.
Does the Civil Court have the authority to hear any cases involving the Maha RERA?
Answer: No, You have to approach Maha RERA only.
What are the consequences to the Developer, if the Appellate Tribunal order is not complied?
Answer: The Developer can be fined upto 10% of the Project Cost and Imprisoned or both.
On which date was the RERA bill passed and what date it was enacted?
Answer: The bill was passed by the Rajya Sabha on 10 March 2016 and by the Lok Sabha on
15 March 2016. The Act came into force on 1 May 2016 & The remaining provisions came into
force on 1 May 2017.
If a real estate project has land area less than 500 sq. mts, does the project need to be still
registered with MahaRERA?
Answer: No. Every real estate project which has a land area of more than 500 sq. mts and has
more than 8 apartments needs to be registered.
Can a promoter or real estate agent lodge a complaint with MahaRera against a buyer?
Answer: Yes. An aggrieved person having any interest in the registered real estate project can
file complaint.
Into how many divisions has the RERA syllabus been made?
Answer: 10 Chapters, 92 Sections
How many allottees must give permission before any additions or changes to the plans may be
made?
Answer: Consent of 2/3rd allottees is required by the developer to change plans.
What is the time period RERA has given for structural flaws?
Answer: 5 years - the developer has to give guarantee against construction flaws.
What are the powers of RERA?
Answer: The Real Estate Regulatory Authority (in short RERA) performs administrative, quasi-
judicial, penal, regulatory, compliance, advocacy, awareness programs, and make necessary
recommendation to the government. These efforts and functions result in the overall
development of the real estate industry.
Is MahaRera registration of agents required for the purchase and sale of New Projects?
Answer: Yes. Only MahaRera Registered Agents can deal in New Projects.
Which form that must be uploaded every quarter by the Developer in an ongoing development.
Answer: Form 3 (CA certificate)
When was MahaRERA (the real estate regulatory body for Maharashtra) Founded?
Answer: 8th March, 2017.
Which other States and union territories are subject to MahaRERA's regulatory authority?
Answer: Daman & Diu, Dadra and Nagar Haveli
How much consent of Allottees is required by the Developer before transferring majority rights in
Project to a third party?
Answer: 2/3rd consent of the allottees required.
What proportion of the funds collected from the allocators for the real estate project should be
deposited in a different bank account by the Developer?
Answer: 70% - The percentage of the funds received from the allocators for the real estate
project must the Developer deposit into a separate bank account.
According to the RERA Act, how many months from the date of issue of the Occupation
Certificate is a Promoter required to execute a registered conveyance deed in favor of the
allottee?
Answer: As per the RERA Act, the time frame within which a Promoter must execute a
registered conveyance deed in favor of the allottee is 3 months from the date of issue of the
Occupation Certificate
After the end of each Financial Year, how many months must the Project Accounts be audited?
Answer: 6 months after the conclusion of each Financial Year should the Project Accounts
undergo auditing
What are the main services offered by the MahaRERA website to allottees?
Answer: Project Extension, Make a Complaint
What are the main features of the MahaRERA website for real estate agents?
Answer: Real Estate Agent Registration, View Real Estate Project details, Real Estate Agent
Renewal
What options are available when searching for complaints on the MahaRERA website?
Answer: Promoter-wise, Project wise searches are available for complaints.
What are the main services available to Promoters through the MahaRERA website?
Answer: Project Registration, Project Updates, Project Correction
Which Section of the Real Estate (Regulation and Development) Act, 2016, defines real estate
agent.
Answer: Section 2 (ZM) - Section of the Real Estate (Regulation and Development) Act, 2016,
provides the definition of a real estate agent
What penalty is levied on the Real Estate Agent, if he/she fails to adhere to the mandates
prescribed by MahaRERA?
Answer: Rs. 10,000/- per day, 5% of the cost of the plot/apartment/building
In how much time, can a Real Estate Agent re apply if his RERA Registration is revoked?
Answer: 6 months
How much time prior to the expiry of the RERA Registration, Can a Real Estate Agent apply for
renewal?
Answer: The real estate agent can apply 60 Days prior to the expiry of the RERA Registration.
Can a promoter or a real estate agent file a complaint against a buyer?
Answer: They can file their complaints separately.
If the application by the Real Estate Agent is not rejected after the prescribed time period, in how
much time, the authority must give the applicant their registration number.
Answer: 7 days
What details can one find on the MahaRERA website about the Projects?
Answer: Registered Projects, Lapsed Projects, Projects Suspended, Deregistered, In Abeyance.
What Form is required for the renewal of registration for a Real Estate Agent?
Answer: Form J is required for the renewal of registration for a Real Estate Agent.
Which official Government body has details available on the Mortgage of a Project?
Answer: CERSAI report.The Central Registry of Securitisation Asset Reconstruction and
Security Interest of India (CERSAI) is set up under section 20 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI
Act).
What is the timeline within which the authority either accepts or rejects the application for RERA
registration?
Answer: Within 30 days - timeframe the authority either approve or reject the application for
RERA registration
How many periods can MahaRERA give an extension on the completion date to the Promoter?
Answer: MahaRERA can give an extension upto 1 Year to the Promoter.
If the RERA registration for a project is revoked, then the Promoter shall
Answer: Be liable to pay a penalty as per laws.
How much__% of total sale consideration value can a promoter receive on or before execution
and registration of the Agreement for Sale?
Answer: 10% of the Agreement Value
How much % of Allottee's consent is required before making any alteration in the sanctioned
plans?
Answer: 2/3rd consent of total allottees.
What is the rate of interest at which the penalty may be charged to the Allottee for making
default in timely payment of consideration to the Promoter as prescribed under the Act?
Answer: State Bank of India Highest - Marginal Cost of Lending Rate (MCLR) plus 2%.
Can a Promoter advertise, market, or sell the property without registering the project under
MahaRERA?
Answer: No, they can only do so once they are registered with RERA
Promoter has to update Form-1, Form-2 and Form 3 viz the Architect, Engineer & CA Certificate
respectively how frequently?
Answer: Quarterly
Under RERA, can a promoter accept more than 10% of the cost of apartment without first
entering a written and register Agreement for Sale?
Answer: No the promoter cannot accept more then 10%
The total time period under which Promoter is liable for rectifying structural defects under RERA
Answer: 5 years from the date of possession to the Allottee as per Section 14 (3) of Rera Act
Allotment letter is issued once a buyer pays up to __ % of property value to the promoter?
Answer: 10% - A promoter shall not accept a sum more than ten percent. of the cost of the
apartment, plot, or building as the case may be, as an advance payment or an application fee,
from a person without first entering into a written agreement for sale.
After 61 days from the issuance of the allotment letter, __ % of the amount of the said unit will be
deducted during the cancellation of the allotment
One of the following, is NOT a part of the Model Form of Agreement?
Answer: Interest Payment
The Power and Responsibility of deducting the TDS are with ……, and NOT with ... ?
Answer: The Buyer; The Seller.
Which is the Form Required to be filled on the Income Tax website for Tax Deduction at the time
of Property Purchase
Answer: Form - 26QB
What is the Gross GST Rate before abatement on construction service for residential projects
other than Affordable housing projects?
Answer: 7.50%
What is the Gross GST Rate before abatement on construction service for residential Affordable
housing projects.
Answer: 1.50%
What is the limit for generating e-way bill for the movement of goods?
Answer: Rs.50,000/-
What is the rate of net GST Tax after abatement for Commercial Projects where their carpet
area is not exceeding 15% of Total Carpet area of the Whole Project which includes residential
project
Answer: 5%
What is the rate of net GST Tax after abatement for Commercial Projects.
Answer: 12%
What is the consideration limit per flat for qualifying as an Affordable housing project.
Answer: The government defines 'affordable housing' as homes with a carpet area of up to 60
sq. metres. A house must cost no more than ?45 lakh.
What is the carpet area limit per flat for qualifying as an Affordable housing project in metro cities
Answer: 60 sq. mtrs in Metro cities and 90 sq.mtrs in Non - Metro Cities.
Can a Developer claim GST Input Tax credit for residential projects launched after 1.4.2019.
Answer: No
Can a Developer claim GST Input Tax credit for Commercial projects launched after 1.4.2019.
Answer: Yes.
What is the sale consideration limit on sale of immoveable property for deduction of TDS u/s
194IA.
Answer: Rs.50,00,000/-
What is the TDS rate on sale of immoveable property for deduction of TDS u/s 194IA above 50
Lakhs?
Answer: 1%
In which cases TDS is not required to be deducted at source under section 194-IA.
Answer: Sale of Rural agricultural land.
What is the rate of infrastructure cess included in the stamp duty rate?
Answer: 1% - Currently
Which of the following is not the part of annual compliance of the promoter?
Answer: Form 4, being the certificate issued by the architect on completion of the project.
In how many days can a request for reviewing an application can be made by the Promoter from
the date of issue of any order
Answer: The Promoter can make a request within 45 Days from the date of the issue of the
order.
For the transfer of majority rights to 3rd person Promoter needs the consent of
Answer: 2/3rd of Allottee
Before entering agreement for sale, maximum amount of Advance can be received is:
Answer: Yes, but maximum 10%
The conveyance deed for the common area is registered in the name of?
Answer: Association of Allottees
Which key service is NOT available for promoters on the MahaRERA portal?
Answer: Make a Sales Brochure
Key Services for Real Estate Agents on MahaRERA Portal does not include?
Answer: Project Updates
At the time of creating an account at the MAHARERA Portal which of the following user type
have to be selected:
Answer: The promoter, Real Estate Agent, Complainant - anyone
Time limit for filing appeal with MAHARERA Appellate Authority by the real estate agent is?
Answer: 60 days from the date on which a copy of the direction or order or decision made.
Which of the following forms has to be filed with MahaRERA authority for complaints
Answer: Form A
Which of the following are obligations of allottees as per MahaRERA Act & Rules
Answer: Make Payments In A Timely Manner, Liability to Pay Interest, Formation of the
Association
Which of the following is not covered under the definition of promoter as per RERA Act
Answer: Marketing agency of a developer
Which of the following project does not require RERA registration as per section of RERA Act.
Answer: A redevelopment project of an existing society where there is no extra unit is
constructed and there is no sale portion.
Which of the following is not mandatory documents for RERA registration of a project:
Answer: Brochure of the project
Which is not a SRO - Self Regulatory Organisation?
Answer: HUDCO
On completion of 30 days period from the date of application If the registration application is not
rejected then, in how many days the authority has to provide registration certificate to the
applicant
Answer: 7 days
What is the time period available with the promoter for constituting association of allottees?
Answer: 3 months from the date of majority of allottees having booked their units.
3 months from the date of the majority of allottees having booked their units.
Answer: 3 Months from the date of OC OR 50% of the total number of allottees in such building
or wing have paid the full
Following details are not required to be upload at the time of quarter update of the project
Answer: Form 05 by statutory auditor
Form B which has to be signed by the Promoter or any person authorized by the Promoter
states the following.
Answer: That the land is free from all encumbrances or the encumbrances on such land
including the right, title, and interest or name of any party in or over such land along with the
details, That 70% of the amounts realized from the allottees from time to time is deposited in a
separate account to be maintained in a scheduled bank to cover the cost of construction and the
land cost and should be used only for that purpose That he has title to the land on which the
development of the land is proposed along with valid documents of authentication of title if such
land is owned by some other person
The famous judgement of Ramniklal Tulsidas Kotak v. Varsha Builders (AIR 1992 Bom 62) the
Bombay High Court, laid the following disclosure for search report____________
Answer: Nature of the title of the promoter, Nature of the title of the vendor or the promoter or of
the person through whom the promoter claims, Encumbrances and claims on the land
What does the term 'escalation-free' mean in context of the given scenario?
Answer: No increase in price except for government-mandated development charges or other
levies
What does the Promoter need to obtain from the local authority before handing over possession
of the Apartment?
Answer: Occupancy and/or completion certificates
How much time does the promoter have to give notice to the Allottee before terminating the
Agreement?
Answer: 15 Days
Within how many months should the Allottee take possession of the Apartment/Plot after
receiving a written offer from the Promoter?
Answer: 7 Days
Which of the following is not a GST rate as per Goods and service tax Act and rules?
Answer: 36%
Effective GST Rate for a flat in Mumbai having value more than 45 lacs and carpet area less
than 60 sq. mtr.?
Answer: 5%
Effective GST Rate for an office block in a commercial scheme in Mumbai having value 40 lacs
and carpet area more than 90 sq. mtr.?
Answer: 12%
What is the rate of TDS under section 194IA of The Income Tax Act, 1961?
Answer: 1%
In which of the following cases the Provisions under section 194IA is not applicable?
Answer: The immovable property transferred is a rural agricultural land, The immovable property
has been compulsory acquired under any law, The total amount of consideration for the transfer
of immovable property is less than Rs. 50,00,000/-
Which of the following is the form for filing return under section 194IA
Answer: 26QB
Which section of the MahaRERA Act governs the registration of real estate agents?
Answer: Section 9 of the MahaRERA Act.
Under Section 12 of MahaRERA, what are the consequences for non-compliance with the
provisions of the Act?
Answer: Non-compliance can result in penalties, fines, or suspension or cancellation of
registration.
Which rule under MahaRERA specifies the format for the registration of real estate agents?
Answer: Rule 9 of the Maharashtra Real Estate (Regulation and Development) (Registration of
Real Estate Projects, Registration of Real Estate Agents, Rates of Interest, and Disclosures on
Websites) Rules, 2017.
According to Section 11 of MahaRERA, what is the validity period of the registration granted to a
real estate agent?
Answer: The registration is valid for five years from the date of issue.
Which section of MahaRERA deals with the establishment of the Maharashtra Real Estate
Regulatory Authority?
Answer: Section 20 of the MahaRERA Act.
Under which Act was the Real Estate Regulatory Authority (RERA) established in India?
Answer: The Real Estate (Regulation and Development) Act, 2016 (RERA Act).
Which section of the RERA Act mandates the registration of real estate agents?
Answer: Section 9 of the RERA Act.
According to Section 10 of RERA, what are the qualifications and eligibility criteria for real estate
agents?
Answer: The qualifications and eligibility criteria are specified by the respective state regulatory
authority.
What is the penalty for non-registration of a real estate agent under RERA?
Answer: Non-registration can attract a penalty of up to 10% of the project cost under Section 59
of the RERA Act.
According to Rule 4 of the Maharashtra Real Estate Regulatory Authority (MahaRERA) Rules,
2017, what information should be provided in the application for registration as a real estate
agent?
Answer: The application should include details such as name, address, contact information,
qualifications, and experience of the real estate agent.
Under Rule 10 of MahaRERA, what are the obligations of a registered real estate agent towards
the allottees?
Answer: The obligations include facilitating possession of the unit, adhering to the terms and
conditions of the agreement, and providing necessary documents and information.
According to Rule 15 of MahaRERA, what are the guidelines for maintaining books of accounts
by real estate agents?
Answer: Real estate agents are required to maintain books of accounts in the format prescribed
by the Institute of Chartered Accountants of India (ICAI).
What is the penalty for contravening Rule 9 of MahaRERA regarding the display of registration
details in advertisements?
Answer: Contravention can attract a penalty of up to 5% of the estimated cost of the real estate
project, as per Rule 9(8) of MahaRERA.
According to Rule13 of MahaRERA, what are the obligations of a real estate agent towards the
Regulatory Authority?
Answer: The obligations include maintaining and preserving books of accounts, records, and
documents related to real estate transactions, and providing them for inspection by the
Regulatory Authority.
Under Rule 5 of the Real Estate (Regulation and Development) (General) Rules, 2016, what
information should be provided in the application for registration as a real estate agent?
Answer: The application should include details such as name, address, contact information,
qualifications, and experience of the real estate agent.
According to Rule 9 of RERA, what are the responsibilities of a registered real estate agent
towards the allottees?
Answer: The responsibilities include facilitating possession of the unit, adhering to the terms and
conditions of the agreement, and providing necessary documents and information.
Under Rule 16 of RERA, what are the guidelines for maintaining books of accounts by real
estate agents?
Answer: Real estate agents are required to maintain books of accounts in accordance with the
Accounting Standards specified by the Institute of Chartered Accountants of India (ICAI).
What is the penalty for contravening Rule 4 of RERA regarding the display of registration details
in advertisements?
Answer: Contravention can attract a penalty of up to 10% of the estimated cost of the real estate
project, as per Rule 4(2) of RERA.
According to Rule 11 of RERA, what are the obligations of a real estate agent towards the
Regulatory Authority?
Answer: The obligations include maintaining and preserving books of accounts, records, and
documents related to real estate transactions, and providing them for inspection by the
Regulatory Authority.
What is the Maharashtra Real Estate (Regulation and Development) Act, 2012?
Answer: There is no Maharashtra Real Estate (Regulation and Development) Act, 2012.
However, the MahaRERA Act was enacted in 2017.
What is the significance of the Consumer Protection Act, 2019, in the context of real estate
transactions?
Answer: The Consumer Protection Act, 2019 provides additional protection to homebuyers and
enables them to file complaints against real estate agents or developers for deficient services or
unfair trade practices.
What is the relevance of the Indian Contract Act, of 1872, in real estate transactions?
Answer: The Indian Contract Act, 1872 governs the formation and enforceability of contracts in
real estate transactions, including agreements between real estate agents, developers, and
homebuyers.
What are the provisions of the Benami Transactions (Prohibition) Act, 1988, in relation to real
estate transactions?
Answer: The Benami Transactions (Prohibition) Act, 1988 prohibits benami transactions, which
involve transactions where the property is held by one person but the consideration is provided
by another person, leading to undisclosed ownership.
What are the ethical responsibilities of a real estate agent towards clients?
Answer: Ethical responsibilities include honesty, integrity, confidentiality, loyalty, and acting in
the best interest of the client.
How can a real estate agent ensure compliance with MahaRERA and RERA India?
Answer: Real estate agents should stay updated with the latest regulations, maintain proper
documentation, disclose relevant information, and cooperate with the regulatory authorities.
What steps can a real estate agent take to resolve disputes between buyers and developers?
Answer: Real estate agents can facilitate communication, provide information, and help in
resolving issues through negotiation or by guiding the parties towards the dispute resolution
mechanism provided by MahaRERA or RERA India.
What are the obligations of a real estate agent in terms of ensuring proper documentation in
property transactions?
Answer: Real estate agents should ensure that all necessary legal documents, including
agreements, NOCs, and approvals, are in place and properly executed during property
transactions.
What is the role of mediation in resolving disputes under MahaRERA and RERA India?
Answer: Mediation provides a voluntary and non-adversarial dispute resolution process,
facilitated by a neutral mediator, to help parties reach a mutually acceptable resolution.
What remedies are available to aggrieved parties in case of non-compliance by real estate
agents or developers?
Answer: Remedies may include compensation, refund of money with interest, specific
performance of the agreement, or any other relief as deemed appropriate by MahaRERA or the
respective state regulatory authority.
How does the adjudication process work under MahaRERA and RERA India?
Answer: Adjudication involves the determination of rights, obligations, and penalties by the
adjudicating officer appointed by the regulatory authority, based on the evidence and
submissions presented by the parties.
Can a real estate agent appeal against an order or decision of MahaRERA or the Regulatory
Authority?
Answer: Yes, a real estate agent can file an appeal with the appropriate appellate authority
within the specified time period, as provided under MahaRERA or RERA India.
What is the importance of adhering to a code of conduct for real estate agents?
Answer: Adhering to a code of conduct helps maintain professionalism, promotes ethical
practices, and enhances trust and confidence among clients and stakeholders.
What are some key elements of a code of conduct for real estate agents?
Answer: Key elements may include honesty, integrity, confidentiality, fair dealing, compliance
with laws and regulations, and treating all parties with respect and fairness.
What are the consequences of a real estate agent breaching the code of conduct?
Answer: Breaching the code of conduct can lead to disciplinary action, suspension or
cancellation of registration, and damage to professional reputation.
How can a real estate agent uphold the principles of fair dealing and avoid conflicts of interest?
Answer: Real estate agents should disclose any potential conflicts of interest, act impartially,
avoid favoritism, and prioritize the client's interests over personal gain.
What is the significance of the Transfer of Property Act, 1882, in real estate transactions?
Answer: The Transfer of Property Act, 1882 governs the transfer of ownership rights and
interests in immovable property, including sale, lease, mortgage, and gift.
What are the laws governing land acquisition and development in Maharashtra?
Answer: The key laws governing land acquisition and development in Maharashtra include the
Maharashtra Regional and Town Planning Act, 1966, and the Maharashtra Land Revenue Code,
1966.
What are the rights and responsibilities of landowners and developers in relation to land
development agreements?
Answer: The rights and responsibilities of landowners and developers are typically governed by
the terms of the land development agreement, which should clearly define the scope of the
project, profit-sharing, approvals, and timelines.
What records should a real estate agent maintain as part of compliance with MahaRERA and
RERA India?
Answer: Real estate agents should maintain records of transactions, agreements,
communications, financial statements, and other relevant documents related to their real estate
activities.
Can real estate agents use electronic records and digital signatures for compliance purposes?
Answer: Yes, real estate agents can use electronic records and digital signatures, subject to
compliance with the applicable laws and regulations on electronic transactions and data security.
What measures should real estate agents take to ensure data security and privacy?
Answer: Real estate agents should implement secure storage and access controls for electronic
records, adhere to data protection laws, and adopt best practices for safeguarding client
information and preventing data breaches.
According to Section 11(1) of the MahaRERA Act, who is required to obtain registration as a real
estate agent?
Answer: Section 11(1) mandates that any person who intends to facilitate the sale or purchase
of units in a real estate project must obtain registration as a real estate agent under MahaRERA.
According to Section 14 of MahaRERA Act, what is the process for filing a complaint with
MahaRERA?
Answer: Section 14 outlines the procedure for filing a complaint with MahaRERA, including the
required format, fees, and supporting documents.
According to Section 17 of MahaRERA Act, what are the rights of a homebuyer in case of
structural defects or any other deficiencies in the project?
Answer: Section 17 empowers a homebuyer to seek appropriate remedies from the developer,
such as repairs, refund, or compensation, in case of structural defects or deficiencies in the
project.
According to Section 18(1) of MahaRERA Act, what is the role of MahaRERA in facilitating
conciliation or mediation for resolving disputes?
Answer: Section 18(1) establishes the role of MahaRERA in providing facilities for conciliation or
mediation to resolve disputes between the parties involved in a real estate project.
According to Section 18(6) of MahaRERA Act, what are the options available to the parties
involved in a dispute if they are not satisfied with the outcome of the conciliation or mediation
process?
Answer: Section 18(6) allows the parties involved in a dispute to approach the adjudicating
officer of MahaRERA for resolution if they are not satisfied with the outcome of the conciliation or
mediation process.
According to Section 19 of MahaRERA Act, what are the penalties for non-registration of a real
estate project with MahaRERA?
Answer: Section 19 allows MahaRERA to impose penalties on developers for failing to register
their real estate projects, which may include monetary fines or imprisonment.
According to Section 20 of MahaRERA Act, what are the powers of MahaRERA regarding the
recovery of interest or compensation?
Answer: Section 20 empowers MahaRERA to pass orders for the recovery of interest or
compensation from developers or real estate agents in case of any violation or non-compliance.
According to Section 21 of the MahaRERA Act, what are the conditions for granting an
extension of registration for a real estate project?
Answer: Section 21 allows MahaRERA to grant an extension of registration for a real estate
project if it is satisfied that the extension is necessary due to force majeure or other reasons.
According to Section 34(2) of MahaRERA Act, what is the time limit for the MahaRERA
Appellate Tribunal to dispose of appeals?
Answer: Section 34(2) states that the MahaRERA Appellate Tribunal must dispose of appeals
within a period of sixty days from the date of receipt of the appeal.
According to Section 35(1) of MahaRERA Act, how does MahaRERA interact with other
authorities?
Answer: Section 35(1) states that MahaRERA shall have the power to coordinate and cooperate
with other authorities involved in the regulation of the real estate sector to achieve the objectives
of the Act.
According to Section 44(1) of MahaRERA Act, what are the penalties for non-compliance with
the orders of MahaRERA Appellate Tribunal?
Answer: Section 44(1) specifies that the penalties for non-compliance with the orders of
MahaRERA Appellate Tribunal can include imprisonment for a term which may extend up to
three years and/or a fine.
According to Section 44(3) of MahaRERA Act, what is the penalty for contravening the orders of
MahaRERA Appellate Tribunal?
Answer: Section 44(3) stipulates that the penalty for contravening the orders of the MahaRERA
Appellate Tribunal can be a maximum of five percent of the project cost.
According to Section 59 of MahaRERA Act, how can an aggrieved person appeal against the
orders or decisions of MahaRERA?
Answer: Section 59 provides the procedure for filing an appeal against the orders or decisions of
MahaRERA, including the time limit, format, and fees.
According to Section 70 of MahaRERA Act, what are the powers of the State Government in
relation to the rules made under the Act?
Answer: Section 70 grants the State Government the power to make rules for carrying out the
provisions of the MahaRERA Act, ensuring effective implementation and administration.
Definition of "apartment"
Answer: An "apartment" refers to a unit in a building or a project that is intended for residential,
commercial, or other purposes. For example, a flat in a residential building or an office space in a
commercial complex.
Establishment of MAHARERA
Answer: This section establishes the Maharashtra Real Estate Regulatory Authority
(MAHARERA) as the regulatory body for the real estate sector in Maharashtra. MAHARERA is
responsible for the registration and regulation of real estate projects in the state.
What is the penalty for a promoter failing to register a project under RERA?
Answer: Up to 10% of the project cost
What ensures project funds are used solely for construction purposes under RERA?
Answer: Escrow account requirements
What is the maximum allowable advance payment before signing a sale agreement?
Answer: 10%
Which section of the RERA Act deals with the functions and duties of promoters?
Answer: Section 11
Under RERA, how long must a promoter maintain a project's records after handing over
possession?
Answer: 5 years
What is the maximum time frame for the adjudicating officer to dispose of a complaint under
RERA?
Answer: 60 days
Which of the following is NOT a function of the Real Estate Regulatory Authority under RERA?
Answer: Arbitrating disputes between builders and buyers
Which document must a promoter submit quarterly updates on, as per RERA regulations?
Answer: Construction progress
Under RERA, which of the following is mandatory for a promoter before advertising a project?
Answer: Registering the project with RERA
What percentage of the total project cost must be deposited in a separate bank account by the
promoter under RERA?
Answer: 70%
Who has the authority to hear appeals against the decisions of the Real Estate Regulatory
Authority under RERA?
Answer: Real Estate Appellate Tribunal