Can Real Estate Agents Go to MahaRERA for Unpaid Brokerage? MahaRERA Says No

Brokerage disputes are civil matters, not covered under RERA, says MahaRERA

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has rejected a complaint filed by a real estate agent who sought a 2% brokerage payment from a Mumbai-based developer. MahaRERA clarified that disputes related to brokerage or commission are civil matters and cannot be decided under the Real Estate (Regulation and Development) Act, 2016 (RERA).

What was the case about?

The agent claimed he was registered with the developer’s project, ‘Arkade Aura’ in Santacruz West, Mumbai, and had been showing flats to buyers since 2023.

According to the complaint, in September 2025, he shared floor plans and pricing details of a 4 BHK apartment with two interested buyers. Later, he discovered that the buyers completed the deal through another referrer. The agent alleged this was done deliberately to avoid paying him a 2% brokerage commission.

Developer denied the allegations

The developer, Arkade Developers, denied the claims and stated that the buyers visited the 4 BHK apartment for the first time with another referrer whose details were officially recorded in the company’s referral register.

The developer also argued that the complainant neither registered the buyers for that apartment within the required time nor participated in negotiations or the final deal process.

According to the developer, simply introducing buyers for a different apartment type does not automatically entitle a broker to brokerage for another separate transaction.

What did MahaRERA say?

In its order dated May 24, 2026, MahaRERA observed that there was no written brokerage or commission agreement between the agent and the developer. The authority noted that the agent’s claim was mainly based on oral understanding, market practice, and previous interactions.

MahaRERA said that deciding such disputes would require detailed examination of evidence, contractual terms, and civil rights, which cannot be handled under summary proceedings of RERA.

The authority further stated that RERA mainly governs relationships between promoters and homebuyers, along with registration and regulation of agents, but does not specifically provide relief for disputed brokerage claims.

Complaint dismissed

MahaRERA dismissed the complaint and advised the agent to approach a competent civil court or forum if he wishes to pursue the matter further.

Legal experts’ view

Legal experts said that if there is a proper written agreement between the agent and the developer, MahaRERA may, in some cases, examine brokerage-related claims.

Mumbai-based advocate and solicitor Trupti Daphtary said that in this case, the absence of a written agreement weakened the agent’s position. She added that clearer written contracts between agents and developers could help avoid such disputes in the future.