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The Consumer Protection Act (CPA) became effective on the 1st of April 2011 and made provisions for the requirements that should be met in an estate agent mandate agreement.
Overall, the CPA serves to promote fair, transparent and ethical business practice so as to protect the consumer from unlawful conduct.
According to the Sectional Titles Schemes Managements Act 8 of 2011 (STSMA), administrative funds must be established and reserve funds for body corporate must be maintained by the body corporate.
Separate bank accounts must be opened for each fund as they each serve a specific purpose.
The PCR 1 stipulates that no occupant of a sectional title scheme may keep a pet without the written consent of the trustee. Permission to keep a pet in a sectional title scheme must not be unreasonably withheld.
According to the Occupational Health and Safety Act (OHSA), an electrical certificate of compliance for home sellers is required in order for a home to be legally sold.
Estate agent commission depends largely on the recording, clearly in writing and without leaving room for doubt, the exact circumstances in which the seller must pay the real estate agent his or her commission.
An executive managing agent (EMA) is any person who provides a body corporate with management services and thereby receives monetary or other compensation.
Before buying an erf or plot as part of a homeowner’s association (HOA), it is extremely important for the buyer to read and completely understand all of the provisions, including building penalties which are laid out by the HOA’s governance documentation.
Members of a homeowner’s association are required to comply with “commencement of construction” and “completion of construction” dates.
Annexure 2 of the regulations to the Sectional Titles Schemes Management Act (STSMA) 8 of 2011 provides 8 prescribed conduct rules (PCR) which apply to all sectional title schemes. However, due to the unique nature of each individual scheme, these rules may be subject to amendment.
In order for a real estate agent to become qualified to earn a commission on sales made, a certain process must be followed.
Part of this process is undergoing sufficient education and training, making it harder to become a real estate agent than ever before.
Cancelling a sale of property after the sales agreement has been signed has major repercussions. Should the seller change his mind about the sale of the property, the costs involved with the cancellation can end up being quite costly.
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