Author: Editor

Court denies relief to HOA and estate agency

At the heart of the matter is whether through this partnership agreement and the subsequent marketing efforts of the Atlantic Beach Homeowners Association (HOA), the HOA’s conduct can be classified as that of acting as estate agents. Property partnerships between homeowners associations (HOA’s) and estate agencies came under legal scrutiny when the Cape High Court was approached recently by such a partnership hoping for a court order to restrain the Estate Agency Affairs Board (EAAB) from instituting disciplinary action against the parties. The Atlantic Beach HOA and Pam Golding Blouberg estate agency lost the application with costs. At the...

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CPA: Direct marketing and allied issues

Many agents use direct marketing techniques very professionally but care needs to be exercised in view of the provisions of the Act. There are many provisions in the Consumer Protection Act that affect direct marketing and other marketing issues and it is important for estate agents to know them. John Gilchrist, director of Property Law Publications, explains further in this third article in his series on the Act. Advertising properties with catchy titles  Section 44 of the Act provides that suppliers of services, which includes all estate agents and conveyancers, must avoid being accused of failing to disclose any...

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5 Reasons why sellers should avoid a private sale

Your knowledge and experience of the property transaction process is priceless and can’t be obtained with a few quick searches on Google. Another fuel price hike is looming in June. Considering that as well as already having to cope with rising food prices, the VAT increase etc, many property owners may want to opt to save on the ‘high’ commission of a traditional estate agent and rather try to sell their property privately through the various online options, but do they know all the risks involved? Here are five good reasons you can use to persuade them to rather...

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POPI: Are you prepared?

“Personal information is an integral part of the real estate business. The more an agent knows about a client, the better equipped they are to finding the ideal home that meets the individual needs of that client.” This could be the year the Protection of Personal Information Act (POPI) becomes operational, following which there will be a 12 month window period before compliance is formally policed. Being legislation with far-reaching implications also for the property industry, here is the latest on what is happening with POPI. When the POPI Act was signed into South African law in November 2013,...

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Airbnb: How sectional title complexes manage these ‘tenants’

“However, judging by the number of Cape Town apartments listed on Airbnb, the owners clearly don’t think that these bylaws apply to them.” Airbnb has gained so much ground in SA and participating property owners are making so much money from the concept that many sectional title (ST) complexes and estates have given up on trying to prevent owners from letting their homes and apartments on this platform, and are focusing instead on holding those owners accountable for any security, maintenance and conduct issues that may arise. So says Andrew Schaefer, MD of national property management company Trafalgar, who...

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