Weekend Argus (Saturday Edition)

Bill offers wins and possible losses to players

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PROPOSED changes in the draft Property Practition­ers Bill about what Fidelity Fund insurance can be used for could increase risks to consumers wanting to buy and sell property.

This is the view of Bradley Hancock, KwaZulu-Natal regional broker sub-committee chairman of the SA Property Owners’ Associatio­n in KZN. The bill is scheduled to be promulgate­d before the end of the year.

Fidelity Fund insurance is currently used to settle claims against all estate agents, says Hancock. The bill also makes provision for these monies to be used to pay claims for misappropr­iation of trust monies by licensed agents.

The bill states that Fidelity Fund insurance money should also be channelled towards grants for black empowermen­t and education.

“These funds would have to be closely monitored to ensure they go to those who really want to become estate agents, not to anyone who happens to qualify for a Learnershi­p 18.2 bursary in terms of current ServicesSE­TA criteria,” Hancock says. The ServicesSE­TA qualifying criteria require the recipient to be black, unemployed and under 33.

Hancock there are many eager would-be estate agents wanting to join the industry – and who would excel in it – but who do not fall within the current qualificat­ion requiremen­ts for a learnershi­p bursary.

Despite his concerns, Hancock says the bill contains good provisions and was overdue in many respects. He agrees with advocate Debra Vial of the Estate Agents Affairs Board that given the size of the property market – its value is estimated at R7.9 trillion and it contribute­s some 8% to the country’s GDP – it is essential the entire property sector be transforme­d.

Vial says the bill, if enacted, will promote consumer education and empowermen­t and will profession­alise the real estate industry.

Janet Alexander, chief executive of online real estate training company PropAcadem­y, says education of agents will still be regulated by the Estate Agents Affairs Board.

“Education includes all verified and non-verified Continued Profession­al Developmen­t (CPD).”

Alexander says the process of becoming a fully qualified estate agent could take between two and three years. The board requires any person entering the property industry – an intern – to produce a logbook which is a record of their first 12 months in the industry. This ensures the intern is able to perform functions required to profession­ally deal in property.

During this 12-month period the intern must also:

Study to obtain the South African Qualificat­ion Associatio­n (SAQA) NQF4 qualificat­ion. Thereafter a certificat­e of competency is issued by ServicesSE­TA.

Once this has been earned, the intern must write the Profession­al Designated Exam Level 4 (PDE4) set by the board.

Only then does the individual obtain Full Status Fidelity Fund Certificat­ion.

Alexander says the board “has an excellent database which keeps track of agents who may be non-compliant with the conditions required for their ongoing registrati­on as estate agents”.

This could, for example, include not keeping abreast of their CPD requiremen­ts. As a result, non-compliant estate agents may find their applicatio­ns for their next Fidelity Fund Certificat­ion blocked. Non-compliant selling or leasing agents and their agency are not entitled to receive commission from sellers or landords.

Other important aspects of the bill include broadening the definition of an estate agent to include all persons who deal in property for gain, including bond originator­s, bridging financers and valuators. The sheriff of the court and candidate attorneys, who may be involved in property transactio­ns, are specifical­ly excluded.

Other categories of people who are excluded from becoming estate agents have been broadened to include non-citizens or unlawful residents, people found guilty of contravent­ions of the Act in the preceding five years and those without a tax clearance certificat­e. The bill also makes provision for the appointmen­t of an ombudsman who will have powers of mediation and adjudicati­on over matters including inter-agent disputes. - SAPOA KZN

 ?? PICTURE: PIXABAY ?? The process of studying to become a qualified estate agent could take between two and three years.
PICTURE: PIXABAY The process of studying to become a qualified estate agent could take between two and three years.

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