Can a real estate agent file a complaint with MahaRERA against a developer for non-payment of brokerage?

The Maharashtra Real Estate Regulatory Authority (MahaRERA) rejected a complaint filed by a real estate agent against a Mumbai-based developer seeking payment of a 2% brokerage fee. The authority held that disputes related to brokerage and commission are civil matters and cannot be adjudicated under the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA).

The agent alleged that the homebuyers purchased an apartment through a third-party referral after initially visiting the developer’s project through him and that the arrangement was allegedly structured to avoid paying brokerage.

According to the complaint, in September 2025, he shared details and floor plans of a 4 BHK apartment with two homebuyers after earlier discussions for another flat configuration did not materialise. The agent alleged that the homebuyers subsequently concluded the transaction through a third-party referrer, allegedly to avoid paying him 2% brokerage.

“On the request of the clients, the complainant obtained a copy of the 4 BHK floor plan from the representative of the developer on September 8, 2025, and forwarded the same to the clients along with details of the indicative price. The complainant has further stated/submitted that subsequently he learnt that the said clients had finalized the transaction through a third-party referral allegedly to avoid payment of 2% brokerage to him. According to the complainant, the said arrangement was done with the tacit understanding between the clients and the third-party referrer,” the real estate agent submitted in the .

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The developer contended that the first site visit for the 4 BHK apartment took place on September 17, 2025 along with another referrer, whose referral was recorded in the company’s Member Referral Register. The developer also argued that the complainant “neither registered nor tagged the purchasers for the said 4 BHK flat within the prescribed period and did not participate in the negotiations or finalisation of the transaction.”

“The first site visit for the 4 BHK flat took place only on September 17, 2025, and the clients were accompanied by one Shrikant Prasad, a member of Vivek CHS, whose referral was duly recorded in the respondent’s Member referral register. The respondent has contended that the complainant neither showed the 4 BHK flat to the clients nor participated in the negotiations or finalisation of the transaction. Mere introduction of a client for a different flat type does not entitle a broker to claim brokerage for another independent transaction,” the developer submitted in the MahaRERA.

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“MahaRERA is of the prima facie view that, adjudication of such disputed questions relating to entitlement of brokerage, existence of oral understanding, role of intermediaries, market practice and alleged loss of commission would require detailed evidence and adjudication of contractual and civil rights between the parties and cannot be decided in summary proceedings under the provisions of the RERA. Meaning thereby that there is no explicit provisions under RERA to grant such reliefs in favour of the complainant,” the real estate regulator said in its order.

According to MahaRERA, the provisions of the RERA mainly regulate the relationship between the promoter and the allottee and also provide for the registration and regulation of real estate agents.

“The present complaint essentially seeks enforcement of an alleged brokerage claim arising out of a disputed commercial arrangement between the parties, which would more appropriately fall within the jurisdiction of a competent Civil Court/forum,” the MahaRERA said in its order.

Rejecting the complaint citing want of merit, the MahaRERA concluded the order stating that the complainant (real estate agent) is at liberty to take appropriate steps before the competent Civil Court/forum in accordance with law, if he so desires.

Arkade Developers has welcomed the order stating, “We welcome MahaRERA’s order, which has reaffirmed our position in the matter,” said Amit Jain, Chairman and Managing Director at Arkade Developers.

“At Arkade Developers, we remain steadfast in our commitment to transparent, ethical, and process-driven business practices while adhering to all applicable regulatory frameworks. Upholding stakeholder trust has always been central to our operations, and we will continue focusing on delivering high-quality developments with integrity and professionalism,” Jain said.

The real estate agent, homebuyers, and the third-party referral who concluded the transaction could not be reached for comment.

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“In this matter, there was no written brokerage or commission agreement executed between the agent and the promoter (developer) specifying the brokerage percentage, conditions for entitlement, or the obligations of either party, and therefore the complaint was rejected,” said Trupti Daphtary, an advocate and solicitor based in Mumbai.

“The order notes that the provisions of RERA provide for the registration and regulation of real estate agents. In my view, where a real estate agent has a written agreement, MahaRERA could, in an appropriate case, examine whether the agent is entitled to claim brokerage fees, which would bring greater clarity to this issue,” Daphtary said.