Section 31(1) RERA allows any person to file a complaint against an agent or promoter for violation of RERA provisions. The question most agents ask first is whether the complaint will stick to them personally or get redirected to the promoter.
A complaint targets you as an agent when your actions or omissions directly caused the buyer's loss. This happens when you make false statements about the property, hide material defects you knew about, or facilitate illegal payment structures outside the registered agreement. The MahaRERA has been clear: agents cannot hide behind the promoter's conduct if you independently misrepresented facts to the buyer.
If the complaint arises from the promoter's breach of the agreement, poor construction, or delayed possession, the buyer's grievance is primarily against the promoter under Section 31. You become liable only if you made separate misrepresentations or withheld information that influenced the buyer's decision. Read the complaint carefully. If it cites only the property's defect or the promoter's delay without naming specific false statements you made, the regulator may dismiss the complaint against you or direct it to the promoter instead.
MahaRERA dismisses Section 31 complaints against agents when the buyer fails to prove the agent's direct involvement in the alleged violation. First, prove you had no role in the matter. If the complaint alleges the promoter failed to hand over possession, and you were not the point of contact for possession handover, submit evidence showing who handled that interaction. Correspondence records, site visit logs, and communication chains matter here.
Second, demonstrate the buyer's own conduct caused their loss. If they ignored a disclosure, bypassed a written agreement, or paid cash outside the registered deal, that weakens their complaint. Third, show proper disclosures were made. Keep signed acknowledgments that you shared the registered agreement, project brochure, and all regulatory approvals with the buyer before they committed. Fourth, establish the buyer knew the defect or received what was promised in writing. Fifth, if the buyer's agent or lawyer also advised them, the shared responsibility reduces your personal liability. Document every disclosure, every signed copy given, and every email or message where you flagged a concern to the buyer.
Trap one is misleading advertisement. Advertising a property as 'waterfront' when it is 500 metres away, or claiming 'approved by all authorities' when only a municipal plan exists, creates direct liability. The MahaRERA reads advertisements as binding statements unless explicitly marked as promotional. Do not use superlatives or false location descriptors. Stick to factual, measurable features. If the promotional material came from the promoter, you remain liable if you circulated it knowing it was false.
Trap two is undisclosed project defects. If you know the building has structural issues, water seepage, or FSI violations, and you do not mention this to the buyer, you face a Section 31 complaint. The law does not require you to conduct structural audits, but it requires you to share what you know. If the buyer later discovers the defect and you are aware you kept quiet, the regulator will find against you.
Trap three is facilitating illegal payment schemes. Never help a buyer and promoter bypass the registered agreement by accepting cash payments, cheques to individuals, or undisclosed cost breakdowns. Do not help structure deals to avoid GST or builder cheque deposits. Your participation in such schemes makes you jointly liable with the promoter.
The agent who wins a Section 31 complaint is almost always the one with the strongest paper trail. Before the buyer makes a commitment, send a formal email or WhatsApp message listing what you are disclosing: registered agreement copy, project brochure, site plan with approvals, list of similar properties sold at what price, and any known defects or ongoing litigation. Get written acknowledgment that the buyer received and read these documents.
Maintain a file for each transaction with dated copies of every disclosure, signed acknowledgments, photographs of the property condition on the day of the site visit, and a summary note of what you told the buyer verbally. If you advised the buyer against the purchase or flagged a concern, document it immediately in an email to yourself or the buyer with a timestamp. During the transaction, keep all communication with the buyer. If a complaint lands later, your message thread showing you told them about a defect before they signed will be your best defence.
Store these files for at least five years after the transaction closes. MahaRERA investigations can take two to three years. Promoters sometimes file counter-complaints against agents to deflect blame, and you will need this evidence to defend yourself.
Agent A sold a residential flat in Pune. The buyer complained that the agent misrepresented the carpet area as 850 sq ft when the registered agreement stated 750 sq ft. The buyer alleged they paid a higher price based on this false claim. MahaRERA found the agent liable because the agent's advertisement on the portal and the verbal pitch to the buyer both quoted 850 sq ft. The registered agreement signed by the buyer contradicted this, but the agent never flagged the discrepancy or asked the buyer to review it carefully. The buyer was awarded compensation, and the agent faced a penalty under Section 72 RERA.
Agent B handled a similar case but won dismissal. The buyer complained about the same carpet area issue. Agent B produced an email sent to the buyer on day one of the site visit. The email attached the registered agreement and highlighted the carpet area in bold with a note: 'This is the registered carpet area from the official agreement. Please review carefully before committing.' The buyer had replied 'Noted' and signed the agreement. When the complaint was filed, MahaRERA dismissed it against Agent B because the agent had made the disclosure transparent and the buyer had acknowledged it. The promoter alone faced liability for not clarifying the area discrepancy in the advertisement.
The moment you receive a Section 31 complaint notice from MahaRERA, do not ignore it or reply without legal help. You have 30 days from the date of notice to file your written reply under MahaRERA Rules. A poorly drafted reply can worsen your position. Consult a real estate lawyer who practices before MahaRERA within the first week.
Escalate to counsel if the complaint involves multiple buyers, if it alleges fraud or criminal conduct, or if the promoter has also been named and might blame you to save themselves. If the complaint cites a transaction that was complicated, involved multiple payments, or had disputes over possession or defects, get legal support early. Your lawyer will advise you on what evidence to produce, how to frame your narrative, and whether settlement before the hearing is wise.
Build your response by gathering all documents in chronological order, preparing a clear statement of facts, and identifying which aspects of the complaint are false or not your responsibility. Do not be defensive in tone. Regulators read hundreds of complaints. A calm, factual response with solid documentation will carry more weight than emotional denials.
Section 31 complaints are a frequent topic in the MahaRERA exam for agents because the regulator expects agents to understand their boundaries and liability. Exam questions test whether you know when an agent is responsible versus when the promoter bears the loss. You will be asked about what disclosures are mandatory, what constitutes a false advertisement, and how an agent should respond to a defect complaint.
Study the landmark cases where agents were held liable for misleading advertisements or withheld information. Understand the difference between a promoter's failure to deliver and an agent's misrepresentation. Review Section 72 RERA, which outlines penalties for agent misconduct, because exam questions often pair Section 31 complaints with the penalties that follow.
Most importantly, the exam tests your judgment. You will face scenario-based questions where you must decide whether an agent's conduct was a violation, whether a complaint should succeed, and what the agent should have done differently. The knowledge in this article will help you answer those questions correctly by grounding you in real examples and practical compliance steps.
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