Disciplinary Process: Lodging of a Complaint against an Estate Agent
Consideration of Complaint and Investigation, the EAAB will:
- Acknowledge receipt of complaint;
- Respondent will be notified of the complaint and provided with a written response within 30 days;
- After investigation, the matter shall be considered by the EAAB;
- The EAAB may decide to investigate further/ withdraw/ immediate/ charge.
Charge against an Estate Agent
- It must be in writing;
- Must contain an exposition of the conduct;
- Must be delivered by hand/by registered post.
Disciplinary Committee of Inquiry
- Summonses and subpoenas sent to relevant parties to appear;
- Chairperson and two committee members conduct the proceedings;
- Case presenter/prosecutor present the cases;
- Proceedings are mainly inquisitorial;
- Legal representation is permitted.
- Decisions of the Disciplinary Committee
- Respondent found guilty or not guilty;
- If guilty – reprimand/fine to a maximum of R25 000 per contravention;
- A compensatory award of up to 80% of the fine imposed may be awarded to a claimant who suffered pecuniary loss;
- Withdraw a Fidelity Fund Certificate.
- Appeals Procedure
- Must be in writing and submitted within 30 days;
- Deposit of R1 000 for the transcript;
- Disciplinary committee provide written reasons for judgment.
The Board may:
- Confirm, amend or reverse the decision;
- Remit the matter for further hearing;
- Confirm or suspend penalty imposed;
- Set aside penalty and impose new penalty;
- If successful, the deposit paid shall be refunded in full.