CONDUCT DESERVING OF SANCTION BY ESTATE AGENTS

(1) Any estate agent shall be guilty of improper conduct if he-

   (a)    receives any remuneration for any act performed by him as an estate agent from two or more than two persons whose interests are not in all respects identical in respect of the performance of such act, unless such persons agreed thereto in writing;

   (b)    fails in respect of any act performed by him as an estate agent to give proper account, within 30 days of being called upon in writing to do so, to any person having a material interest in the performance of such act;

   (c)    fails to pay any moneys due by him to the board or in respect of the fund within one month after such moneys become due;

[Para (c) substituted by sec 16(a) of Act 28 of 1987.]

   (d)    fails to furnish within such period as the board may determine such information as the board may request and reasonably require in order to exercise its powers properly under this Act;

   (e)    contravenes any provision of the code of conduct referred to in section 8(b) or fails to comply with any such provision;

   (f)    commits any deed of insolvency referred to in section 8 of the Insolvency Act, 1936 (Act 24 of 1936);

   (g)    fails to comply with any provision of section 16(1), (2) or (4), 29 or 32, or contravenes any provision of section 26 or 32A(2)(a) or (b);

[Para (g) substituted by sec 16(b) of Act 28 of 1987.]

   (g Ain his capacity as a director of a company which is an estate agent and which fail to comply with the requirements of section 29 or 32, did not take all reasonable steps to prevent such failure; and

[Para (gA) inserted by sec 16(c) of Act 28 of 1987.]

   (h)    commits an offence involving an element of dishonesty.

 

(2) The board may in the prescribed manner bring and investigate any charge of improper conduct against any estate agent.

 

(3) When any estate agent is found guilty of improper conduct by the board, the board may-

   (a)    withdraw the fidelity fund certificate of such estate agent and-

       (i)      if such estate agent is a company, of every director of such company;

       (ii)      if he is a director of a company which is an estate agent, of such company; or

      (iii)      if he in partnership acts as an estate agent, of every partner in such partnership;

   (b)    impose on such estate agent a fine not exceeding R1000 which is payable to the board;

[Para (b) substituted by sec 16(d) of Act 28 of 1987.]

   (c)    reprimand such estate agent.

 

(4) The acquittal or conviction of an estate agent by any court of law upon any criminal charge shall not be a bar to proceedings against him under this Act on a charge of improper conduct, notwithstanding the fact that the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence on which he might have been convicted at his trial on the said criminal charge.

 

(5) If the improper conduct with which the estate agent is charged amounts to an offence of which he has been convicted by a court of law, a certified copy of the record of his trial and conviction by such court of law shall, upon the identification of such estate agent as the person referred to in the record as the accused, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that the estate agent charged shall be entitled to adduce evidence to show that he was in fact wrongly convicted.