DISCIPLINARY PROCESS

Lodging of a Complaint against an Estate Agent

Lodging of a Complaint against an Estate Agent must be by way of completion and submission of a Complaint Initiation Form                                

 
Consideration of Complaint & Investigation

  • Acknowledge receipt of complaint;
  • Respondent notified of the complaint and written response within 30 days;
  • After investigation the matter shall be considered by the Board;
  • The Board may decide to investigate further/ withdraw/ mediate/ 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 R2,750.00 for the transcript;
  • Disciplinary committee provide written reasons for judgment.


The EAAB 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.



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