BEYERS REALTY GROUP CLAIM AGAINST THE FIDELITY FUND OF THE EAAB
BEYERS REALTY GROUP
CLAIM AGAINST THE FIDELITY FUND OF THE EAAB
UPDATE 31 October 2016
Further to the below letter of information, the EAAB wishes to advise as follows:
The curator as appointed by the court (see previous notice), is Mr Thomas Makupo, and any claims for trust monies which were held by Beyers Realty Group must be lodged with the curator at
- firstname.lastname@example.org, attention Mr Thomas Makupo
for consideration as soon as possible. Once the curator has finalised his report on the identity and ownership of any trust monies still intact, and has paid out such amounts, he will report to the EAAB regarding such payment and the claims so settled, as well as the claims which remain unsettled.
The remaining claims or shortfalls will then be further investigated and submitted to the board for approval.
Kindly take note that where claims submitted to the curator remain unsettled, the claimants excussion duties as set out in the previous notice, may include the submission of a claim in the insolvent estate of Beyers Realty Group PTY LTD (in liquidation). Such claims may be submitted to the liquidator, at
- Thomas van Zyl | Insolvency Practitioner; Direct: +27 21 818 5344;
- Fax: +27 86 405 0173; Thomas.vanZyl@mazars.co.za
It is essential that claimants who submit claims in the insolvent estate through the liquidator, confirm with the liquidator that submission of claims is conditional upon no contribution being required from claimants, should the assets in the estate be insufficient to cover the costs of liquidation.
Claims against the Fidelity Fund may still be lodged with the board online, as set out in the previous notice, and copied to the claims secretary at Monica.Lee@eaab.org.za.
GENERAL LETTER OF INFORMATION 4th October 2016
On 30th September 2016, The EAAB obtained an interim order of court appointing a curator and taking control of the trust accounts and monies of Beyers Realty Group (BRG). BRG has also been provisionally interdicted from further operations pending a final order.
It has come to the attention of the EAAB that the misappropriation of trust monies has been alleged and clients of BRG are lodging claims against the Fidelity Fund for recovery of such loss.
Kindly note that all such claims are lodged against the Fidelity Fund of the Estate Agency Affairs Board (EAAB) in terms of section 18 read with sections 19 to 21 of the Estate Agents Affairs Act 112/1976 (the Act). Claims may be lodged in the manner advised hereunder, and all claims will be subject to the following procedures and requirements:
- All claims may be lodged by way of a complaint affidavit, duly commissioned by a commissioner of oaths, with all available documentation in proof of the claim attached thereto, to the legal department of the EAAB via the online complaint submission process on the EAAB web site, for investigation of the complaint and the agents involved.
- All claims so lodged should also be copied to the Claims Secretary of the claims department at email@example.com.
- On receipt of your claim, the claims department will register your claim and assign a reference number and claims officer. The legal department and the claims department will each conduct an investigation, which will run concurrently but separately, since their purposes are different.
- The investigation of the legal department is aimed at taking action against the agent for return of the trust monies in question and imposing of sanction for misconduct in terms of the Code of Conduct for estate agents as framed in section 8(b) of the Act.
- The investigation of the claims department is aimed at securing proof that
- The claim is a valid claim in terms of the provisions of the Act.
- The claim falls within the ambit of section 18 and 19 of the Act
- The EAAB has jurisdiction over the agent in the performance of the activity which led to the claim.
- Proof of the quantum and misappropriation of the amount claimed has been provided by the claimant.
- Where a curator or liquidator has been appointed by a court of law, the reports and payment of claims by such appointees are finalised and to hand.
- Due to the dual nature of the investigation, you will deal with a legal officer as well as a claims officer, and receive both a legal file reference and a claims file reference. You are accordingly requested to take careful note of the requests of each officer, their details and reference numbers to avoid delay in locating your file. There will be a certain amount of unavoidable duplication in the separate investigations, so please bear with the process.
- For purposes of the claims investigation, you will be requested to submit the following documents and information, where applicable:
- The supporting documents to all transactions which gave rise to the claim including contracts of sale/lease in terms of which monies were paid, proof of payment of monies to the agent, proof of non- payment of monies to the owner of the funds, correspondence between the parties, proof of civil action taken against the agent and execution of such action, proof of criminal proceedings instituted against the agent and status of such criminal investigation.
- Your attention is directed to the provisions of section 19 of the Act in terms of which no action may be instituted against the board without its consent, until all legal rights of action to recover the monies in question have been exhausted against all persons who may be liable for the loss suffered. This may include civil and criminal action.
- Since a curator has been provisionally appointed by the court, and an application for the liquidation of BRG is pending before court for hearing on 4th October 2016, you may be required to institute a claim in the insolvent estate and against the trust funds administered by the curator, and the curator’s / liquidator’s report may be required before any claim is finalised. The details of the curator and liquidator will be made available on request, once the appointment has been finalised.
- Where an attorney / auditor / liquidator / curator / investigating officer requests source documents, it is advisable to ensure that you keep copies thereof, as the board requires the source documents upon which any audit report / recommendation / action is founded, for submission to the board in verification of any claim considered. An auditor / reporting officer’s conclusion as to the amount owing to the claimant does not constitute conclusive proof of any claim, and such finding must be independently verifiable by the board. The submission of such documents remains the responsibility of the claimant.
- While the EAAB does all in our power to expedite the process, delays may occur where documentation is required from outside parties which are relevant to the proof / quantum of your claim. These are unavoidable, due to the intrinsic nature of judicial and quasi- judicial proceedings.
- Kindly note that it is the duty of the claimant and not the Board to prove the claim lodged, and to obtain the evidence required. This includes the vigorous pursuit of civil / criminal action in appropriate circumstances.
Your kind co-operation in expediting all claims by complying with all requirements of the Act and processes will avoid unnecessary delay.
Adv Debra Vial