Regulations

1) The Minister may after consultation with the board make regulations -

a) to regulate, control or prohibit any practice followed by estate agents;

b) prescribing the tariff of fees at which estate agents may act as such;

c) prescribing the levies payable to the board by estate agents;

d) prescribing the contributions payable to the fund by estate agents;

e) prescribing the period within and the manner in which application shall be made for a fidelity fund certificate;

eA) prescribing the penalty payable to the board in terms of section 16(5);

f) prescribing the form of a fidelity fund certificate;

g) prescribing the manner in which money in the fund not needed for immediate use, may be invested;

gA) relating to the standard of training and practical experience of estate agents;

h) prescribing the manner in which a charge of conduct deserving of sanction against any estate agent shall be brought and investigated and the manner in which a person must be summoned to appear before a committee of inquiry or the board;

i) prescribing the fees payable under section 31(a);

iA) [Paragraph (iA) is deleted by s.9 of Act No. 40 of 1986];

iB) prescribing the portion of the interest which, and the circumstances in which such portion, may be refunded to the estate agent concerned in terms of section 32(2)(d);

j) [Paragraph (j) is deleted by s.9 of Act No. 40 of 1986];

jA) prescribing the manner in which any account referred to in section 32(3)(c) shall be administered;

jB) prescribing the procedure to be followed in respect of an appeal to the board and the manner in which the appeal must be heard;

k) prescribing the manner in which any account referred to in section 32(7) shall be wound up and the amount standing to the credit of such account shall be paid out;

kA) prescribing the conditions on which any person may carry on his business as an estate agent from any residential premises;

l) as to, generally, any matter considered necessary or expedient to prescribe in order to achieve the objects of this Act.

1A) Different regulations may in terms of subsection (1) be made in respect of different estate agents or categories of estates agents.

2) The Minister may, on such conditions as he may think fit and after consultation with the board, by regulation or by notice in writing, sent by post or delivered, exempt any estate agent or category of estate agents from any of or all the provisions of this Act.

(Notwithstanding anything to the contrary contained in any law -

b) any regulation which, at any time after the passing of the principal Act but before the commencement thereof, was purported to be promulgated in terms of the principal Act, irrespective of whether such promulgation was necessary for the purpose of bringing the principal Act into operation at the commencement thereof, is hereby validated as from the date on which it was so promulgated in so far as such regulation would have been valid if it were promulgated after the commencement of the principal Act;

c) the performance of any act or the exercise of any power by any person at any time after the passing of the principal Act but before the commencement thereof, irrespective of whether such performance or exercise was necessary for the purpose of bringing the principal Act into operation at the commencement thereof, is hereby validated as from the date on which such act was so performed or such power was so exercised in so far as such performance or exercise by such person would have been valid if it had taken place after the commencement of the principal Act, as per the Estate Agents Amendment Act, 1978.)


Offences and penalties

Any person who contravenes or fails to comply with any provision of this Act or any order or request issued or addressed thereunder, shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.




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