Why Delay Disclosure Matters: The Legal Framework

Under the Real Estate (Regulation and Development) Act, 2016, agents occupy a middle position. You are not the promoter, but you represent the project to the buyer. MahaRERA treats misrepresentation about project status as a breach of your fiduciary duty.

Section 3 of the MahaRERA Rules requires agents to ensure all information provided to buyers is truthful and complete. This includes project delays, timeline deviations, and structural risks. The March 2026 MahaRERA orders reinforced this by imposing strict liability on agents who fail to disclose material facts about delays before a booking is confirmed.

The practical consequence: if a buyer alleges they were not warned about a project delay before signing the booking form, MahaRERA can issue you a show-cause notice and suspend your registration. The burden of proof lies with you, not the buyer.

What Information You Must Verify Before Pre-Booking Disclosure

Before a buyer books a unit, verify four categories of delay risk from the developer or project management office.

First, check the project's current registration status with MahaRERA. A lapsed registration or suspended registration is a red flag. Second, review the latest Quarterly Progress Report (QPR) filed by the developer. If a QPR is overdue or missing, that signals either project stalling or developer non-compliance. Third, ask for the original project sanctioned timeline versus the current revised timeline. Any delay beyond six months from the original date requires heightened disclosure.

Fourth, search the MahaRERA portal for any live complaints, litigation, or developer defaults against the project. If the project has missed a payment deadline under the new 60-day SOP, document this explicitly for the buyer. Do not rely on the developer's verbal assurance that "everything is on track."

Red Flags That Trigger Mandatory Enhanced Disclosure

Three situations require you to go beyond standard disclosure and issue a written warning.

A lapsed registration or QPR deadline missed by more than 30 days indicates the developer may be in financial difficulty. When you encounter this, provide the buyer a written note stating: "The project's registration status or quarterly reporting shows gaps. This may indicate construction delays. Request a detailed timeline from the developer before proceeding."

Second, if litigation is active on the MahaRERA portal against the project or developer, disclose the case number and nature of the dispute to the buyer in writing. Do not interpret legal claims on the buyer's behalf.

Third, if the developer has previously defaulted on the 60-day payment obligation under the new SOP (introduced March 2026), this is material information. The buyer needs to know that interest penalties have already accrued or that a payment obligation was missed. Silence here exposes you to complaint.

The 60-Day Payment SOP and Your Liability as Agent

The March 2026 MahaRERA orders introduced a 60-day payment cycle for developer disbursements from the 70% account. If a developer misses this deadline, interest accrues at MCLR plus 2% per annum, calculated daily.

Your liability as an agent arises if you knowingly sell a unit from a project where the developer has a pattern of missing these deadlines and you do not warn the buyer. A buyer who discovers mid-construction that interest penalties are piling up may file a complaint naming you as having failed in disclosure duty.

To protect yourself: obtain written confirmation from the developer about their 70% account status and payment cycle compliance. If the developer cannot provide this, or admits to previous delays, disclose this gap to the buyer in your booking checklist. You can use our delay interest calculator to show the buyer the cost of a hypothetical delay under current SOP terms.

How to Document Buyer Acknowledgment of Delay Risks

Verbal disclosure is not enough. MahaRERA expects written, signed acknowledgment from the buyer.

Create a separate Pre-Booking Delay Disclosure Form, distinct from the booking form itself. Include: project name, registration number, original sanctioned timeline, current revised timeline, any missed QPR filings, litigation status, and the 60-day payment SOP clause. Have the buyer initial each point and sign the full form. Retain a scanned copy in your agency records with the booking file.

If the developer refuses to provide delay information, include a clause stating: "The developer has not provided verified project timeline data. The buyer confirms they have been informed of this information gap and proceed at their own risk." This shifts liability away from you toward the developer's non-cooperation. Keep timestamped email trails showing when you requested information from the developer and when you disclosed gaps to the buyer.

Sample Disclosure Checklist for Every Buyer

Use this framework with every booking:

**Project Verification**: Confirm MahaRERA registration active. Confirm latest QPR filed within 90 days. Confirm original timeline and revised timeline. Date of most recent revision.

**Delay Status**: Has the project experienced delays beyond 6 months? Yes / No. If yes, state reason (planning approval, environmental, financial). Are construction updates available via site visits? Buyer confirmed site inspection completed?

**Payment and SOP Compliance**: Has the developer missed a 60-day payment cycle in the last 12 months? Yes / No. If yes, state months and accrued interest. Is the 70% account current?

**Litigation and Complaints**: Any active MahaRERA complaints on this project? Case number. Buyer has reviewed complaint details?

**Buyer Acknowledgment**: Buyer confirms they have read, understood, and accept the delay risks stated above. Signature. Date.

Store this checklist digitally and print one copy for the buyer's records.

Connecting Disclosure Duties to Your RERA Exam Preparation

The MahaRERA exam tests your understanding of agent responsibilities under Section 3 and the Rules. Delay disclosure is not a minor compliance task; it is core to agent conduct and forms part of the exam syllabus.

When you revise the MahaRERA exam pattern, note that questions on agent duties typically include scenarios where disclosure was incomplete or absent. These questions test your ability to identify what information should have been shared and when.

Practice with topic-wise practice tests focused on agent liability and buyer protection. Scenario-based questions on delay disclosure appear regularly. As you prepare, reference this article's disclosure framework against the Rules to build practical, exam-relevant knowledge. Your exam success depends on understanding not just what the rules say, but how to apply them in real transactions.