Estate agents are liable under the CPA?

**Dave A** · 23-Oct-11, 05:43 PM

I suspect we're missing each other as to the point I'm trying to allude to. Maybe I should have added "and before the seller gets paid."

**Sparks** · 24-Oct-11, 08:44 AM

That would certainly give the buyer an opportunity to confirm that all is as was signed for, but will that remove the responsibility from the agent who is paid(handsomely) to ficillitate the sale by advertising & seeing that the legal requirements are met?
If the seller insists on using his own electrician, where does the responsibillity lie? The seller or electrician.

Where does the transferring attorney fit in. He also gets a nice slice but what is his responsibillity in ensuring that the legal requirements have been met. What if he accepts a bogus COC?

**Justloadit** · 24-Oct-11, 05:19 PM

Then sue the lot of them

I once sued my conveyancer for the interest I was paying on the bond on my house that I sold, for not informing me that the sale of the home, which was based on a 'subject to', was linked to another 5 'subject to's' along a line of sales. Had I known this was the case at the time of doing the paper work, I would immediately have cancelled the sale, as I was entitled to, had I known, and not waited for more than a year for each sale in the chain to be completed. I could not sell my house to a cash buyer, who would have paid me more than the original sale, because the excuses that was given to me by the conveyancer were fabricated lies.

**Sparks** · 24-Oct-11, 05:21 PM

And if the transferring attorney is your employer? Which happens to be the case.

**Sparks** · 29-Oct-11, 08:37 PM

Then I get accused of taking it personal. The poor kid doesn't know which way to duck.

So now, where does the Contractor's responsibility lie? The the person who paid him to certify the installation or to the person to whom he is providing certification that the installation complies with the minimum legal requirements.

If I buy an item with "legitimate SABS mark" on it and it does not comply with SABS standards, do I sue the SABS or the retailer who sold it?

**danielgiibs** · 20-Jan-12, 03:00 PM

Good post! It means that agents should do all in their power to be able to prove that facts pertaining to the quality of the goods and services that they are offering have been clearly described in laymans terms.Thanks for sharing the info!

**samanthaflax02** · 05-Feb-14, 11:37 AM

Interesting and good. I wish you lots of responses. You've given me an idea. Thanks!

**Houses4Rent** · 09-May-14, 09:21 PM

Hi all

I did not know that an agent is supposed to get a COC before listing a property. Is that really so? Where does it say so? Just asking.

But what I (think I) know is that the agent is only supposed to start marketing a place once he has a written mandate from the seller as per EAAB code of conduct if not some law even. Garnted, agent nees to be a legit agent to be bothered by the code of conduct.

There is also an ANNEX for disclosure of known defects which states in the form itself has to be completed from the Seller before listing the property.

I am now be presented with an OTP from an agent for me to complete with a blank disclosure Annex. I never use agents pre-printed OTP, but make my own and add that Annex. I asked her for the completed Annex, but no answer. So I will make my OTP subject to the Annex and see what happens.

Last year I bought a flat and that Annex was half completed. Is says if there is any box ticket with YES (for a defect) it must be specified closer as to what the defect is. The latter was blank. So I pushed and pushed for it and it eventually came out that the agent had completed it for the seller, but now refused to put specifics down. By that time he realised he ahd done wrong. He argued he cannot do that as he does not know the proeprty in that detail. And he also argued that the Seller also does not know because he has not lived there for many years, is not In Angola and hardly speaks English. Then why was it ticked as a defect I wonder if they both do not know. l knew taht the flat had to be toatally gutted, but that is besides the point. So agent said I can get an inspector at my cost. And I said no way at my cost. He screwed up, he pays I claimed and it got escalated higher. So what do they do? They went back to the seller and asked for a price reduction. I got it R10k cheaper (I did not really fear any hidden defects anyway), the agent did not have to pay for the inspection and all their lost is their commission on the R10k. Just shows, totally screwed their client (Seller) for their own incompetence.