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  0. Claims Process and Litegation Against an Estate Agent
  0. Disciplinary Process Against an Estate Agent
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0. Disciplinary Process Against an Estate Agent
Author : Estate Agency Affairs Board [EAAB] 

DISCIPLINARY PROCESS AGAINST an ESTATE AGENT
and LODGING A CLAIM:

Disciplinary Process:

Lodging of a Complaint against an Estate Agent must be by way of completion and submission of a Complaint Initiation Form

Consideration of Complaint & Investigation

  • Acknowledge receipt of complaint;
  • Respondent notified of the complaint and written response within 30 days;
  • After investigation the matter shall be considered by the Board;
  • The Board may decide to investigate further/ withdraw/ mediate/ charge.

Charge against an Estate Agent

  • It must be in writing;
  • Must contain an exposition of the conduct;
  • Must be delivered by hand/by registered post.

Disciplinary Committee of Inquiry

  • Summonses and subpoenas sent to relevant parties to appear;
  • Chairperson and two committee members conduct the proceedings;
  • Case presenter/prosecutor present the cases;
  • Proceedings are mainly inquisitorial;
  • Legal representation is permitted.

Decisions of the Disciplinary Committee

  • Respondent found guilty or not guilty;
  • If guilty – reprimand/fine to a maximum of R25 000 per contravention;
  • A compensatory award of up to 80% of the fine imposed may be awarded to a claimant who suffered pecuniary loss;
  • Withdraw a Fidelity Fund Certificate.

Appeals Procedure

  • Must be in writing and submitted within 30 days;
  • Deposit of R1 000 for the transcript;
  • Disciplinary committee provide written reasons for judgment.

The EAAB may:

  • Confirm, amend or reverse the decision;
  • Remit the matter for further hearing;
  • Confirm or suspend penalty imposed;
  • Set aside penalty and impose new penalty;
  • If successful, the deposit paid shall be refunded in full.

Compliance Practice Notes

April 26, 2012

As Practice Notes constitute an invaluable mechanism for the implementation for the Estate Agency Affairs Act and regulations promulgate there under, Stakeholders are advised that it is in their best interests that they are aware of the contents of such Practice notes.


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