Definitions In this code of conduct, unless the context otherwise indicates: 1.“board” means the Property Practitioners Regulatory Authority. “candidate property practitioners” means a person referred to in paragraph c (ii) of the definition of “property practitioners” in section 1 of the Act who has, subject to the provisions of Government Notice R 1469 of 29 June 1990, been...
R. EAAB Code of Conduct Explained
General Duty to Protect the Public’s Interest In terms of Property Practitioners’ general duty to members of the public and other persons or bodies, a Property Practitioner – Code: 2.1 shall not, in the conduct of his business, do or omit to do any act which is or may be contrary to the integrity of Property Practitioners in general; Discussion: This clause lays down...
Mandates No property practitioner shall – Code: 3.1 offer, purport or attempt to offer any immovable property for sale or to let or negotiate in connection therewith or canvas or undertake or offer to canvass a purchaser or lessee thereof unless they have been given the mandate to do so by the seller or lessor of the property, or their duly authorized practitioner: ...
Duty to Disclose Code: 4.1 An Property Practitioner shall – 4.1.1 convey to a purchaser or lessee, or a prospective purchaser or lessee, of immovable property, in respect of which a mandate has been given to him to sell, let, buy, or hire, all facts concerning such property as are, or should reasonably be, within his personal knowledge and which are or could be material to a...
5. Duty not to make misrepresentations or false statements or to use harmful marketing techniques No agent shall – Code: 5.1 in his capacity as an estate agent publish or cause to be published any advertisement which could create the impressions that it was published by the owner, seller, or lessor of immovable property, or by a prospective purchaser or lessee of immovable...
6. Duties in respect of offers and contracts Duties in respect of offers and contracts Code: 6.1 No property practitioner – 6.1.1 who has a mandate to sell or purchase immovable property shall willfully fail to present or cause to be presented to the seller or purchaser concerned, any offer to purchase or sell such property unless the seller or purchaser (as the case may be) has...
Prohibition Against Undue Influence No Property Practitioner shall, without good and sufficient cause, directly or indirectly, in any manner whatsoever, solicit, encourage, persuade, or influence any party or potential party to a pending or completed transaction to utilise or refrain from utilising: Code: 7.1 the services of any particular attorney, conveyancer, or firm of...
Remuneration No property practitioner shall: Code: 8.1 stipulate for, demand, or receive directly or indirectly any remuneration, commission, benefit or gain arising from or connected with any completed, pending, or proposed contract of sale or lease which is subject to – 8.1.1 a suspensive condition, until that condition has been fulfilled; or 8.1.2 a resolutive condition,...
Trust Money and Interest A Property Practitioner – Code: 9.1 Shall not solicit or influence any person entitled to trust funds in the practitioner’s possession or under his control to make over or pay to the Property Practitioner directly or indirectly any interest on money deposited or invested in terms of section 32(1) or 32(2)(a) of the Act; 9.2 Shall, before he receives...
Confidentiality Code: No property practitioner shall, without just cause, divulge to any third party any confidential information obtained by them concerning the business affairs, trade secrets, or technical methods or processes of a client or any party to a transaction in respect of which they acted as a property practitioner. Discussion: This clause is self-explanatory. It is of minor...