Claassen Attorneys Inc

{Claassen Attorneys Inc},{Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront},{Bellville},{7530},{Western Cape},{South Africa},{ 27 21 914 9466}
Unit 9, Canal Edge 4, Fountain Road, Tyger Waterfront 7530 Bellville, Western Cape
Phone: 27 21 914 9466

021-914-9466

 

 

 

 

estate agency law

Estate agents are regulated by the Estate Agency Affairs Act 112 of 1976 and the common law.

We help estate agents to comply with their duties in terms of the common law and legislation such as the Estate Agency Affairs Act, the Financial Intelligence Centre Act and the Consumer Protection Act.

We also assist estate agents in various other matters, including the preparation of watertight mandates and contracts, prosecuting and defending commission claims, defending misrepresentation damages claims and representation in restraint of trade cases.

If you are an estate agent requiring advice or assistance in any estate agency matter, you are welcome to contact us and we will do our utmost best to resolve your problem as quickly as possible.
FREQUENTLY ASKED QUESTIONS
I am an estate agent and have sold a property. The conveyancer has requested a copy of my Fidelity Fund certificate. I have applied for a Fidelity Fund certificate for the current year, but such certificate has not yet been issued to me. According to the conveyancer I am not entitled to the payment of commission for the sale of the property?
The Estate Agency Affairs Act requires that an estate agent must have been issued with a valid Fidelity Fund certificate before he or she will be entitled to remuneration or other payment arising from the performance of any duties of an estate agent.

A Fidelity Fund certificate is valid from the date of issue until 31 December of that year. Application must be made by no later than 31 October of that year for the issue of a Fidelity Fund certificate for the following calendar year.

If your new Fidelity Fund certificate has not yet been issued, you will not be entitled to the payment of any commission.
I had a mandate to market and sell a property. I introduced a prospective purchaser to the property, but the purchaser decided not to make an offer at the time. Three months later the purchaser contacted the owner of the property directly and a sale agreement was concluded. Am I entitled to my commission?
You will be entitled to your commission if you had a mandate to sell the property by introducing a willing and able buyer who concluded a binding contract with the seller, and if you were the effective cause of the sale.

Whether you were the effective cause of the sale will depend on the specific circumstances of your case. You will have to show that your activities predominated the purchaser’s decision to buy the property and that there was not a sufficiently weighty intervening cause which interrupted the chain of causation between your endeavours and the sale. Important points to consider in this regard are the nature and effect of your efforts, the period which has lapsed between your introduction of the purchaser to the property and the conclusion of the sale, the terms of the contract between the seller and the purchaser viewed against the terms of your mandate, and the nature and effect of any intervening cause.