STATEMENT FROM CURATOR BONIS OF BEYERS REALTY GROUP (PTY) LTD (IN PROVISIONAL LIQUIDATION)

STATEMENT FROM CURATOR BONIS OF

BEYERS REALTY GROUP (PTY) LTD (IN PROVISIONAL LIQUIDATION)

18 October 2016

I, Mr Thomas Makupo, was appointed as the Curator Bonis of Beyers Realty Group (Pty) Ltd (“the company”) on 30 September 2016 by the Western Cape High Court to, among other things, administer and control the trust accounts of the company.

In accordance with the court order, I have commenced with my investigation to, amongst others, ascertain the current state of the company’s trust accounts and to reconcile the trust balances with the trust creditors, to determine whether there is any shortfall, and if so, the extent thereof, and to take all other steps necessary and authorised in terms of the court order. I have now taken control of the trust account, and am investigating other trust accounts that were initially undisclosed.  

Trust creditors are advised that no payment of trust funds under my control will be made until such time as my investigation has been finalised. This may well prove to be a time-consuming process. However I am cognisant of the inconvenience that may be caused to the affected trust creditors and I am, and will continue, doing everything possible to finalise the investigation timeously.

Attention is directed to the provisions of sections 18 and 19 of the Estate Agency Affairs Act 112 of 1976 (“the Act”) dealing with claims against the Estate Agency Affairs Board (“the Board”) from the Estate Agents Fidelity Fund. Section 18(3) has specific reference, which states that no person shall have any claim against the Board in respect of inter alia theft of trust money, committed by an estate agent unless that person has, within three months after he/she became aware of such theft or failure or by the exercise of reasonable care should have become aware of such theft or failure, given notice in writing to the Board of such claim.

Kindly note that the company was also placed under provisional liquidation on 4 October 2016, in terms of an order of the Western Cape High Court. The return date for liquidation proceedings is 8 November 2016. Mr TC van Zyl and Ms C Penderis of Mazars have been appointed as the joint provisional liquidators of the company. They can be contacted on telephone number 021 818 5000. The liquidators will have the power to deal with creditors’ claims against the company. Attention is directed to the provisions of section 19(1) of the Act, which requires claimants to exhaust all relevant rights of action and other legal remedies available against the estate agent in respect of whom the claim arose and against all other persons liable in respect of the loss suffered by such claimant.

All enquiries directed at the Curator Bonis should be emailed to curator@eaab.org.za.

THOMAS MAKUPO CA(SA), RA

CURATOR BONIS

BEYERS REALTY GROUP (PTY) LTD (IN PROVISIONAL LIQUIDATION)

 



'ONE LEARNER - ONE ESTATE AGENCY' Youth Programme Principal Pledge Form
WHISTLE BLOWER
HOTLINE
0800 223 225
PRIVYSEAL PrivySeal Consumer Protection Initiative