The common law recognises an estate agent’s inherent entitlement to receive a commission for their services. In most cases, the Estate Agent is obligated to pay commission when they have successfully completed their client’s request, regardless of how much time or effort was required to complete the request.
There is no cap placed on the amount of commission that a real estate agent is allowed to charge their clients in South Africa. In the higher echelons of the market, this frequently results in earnings that are quite substantial. Many people have been motivated to enter the real estate agency profession as a result of these facts as well as the general opinion that an estate agent is sometimes seen to do relatively little in comparison with the substantial rewards gained. More over 72,000 real estate agents harlow were counted as being registered in South Africa at the most recent count. However, in actuality, not all of them are working as estate agents at the present time. The majority of real estate agents are only busy when there is a strong demand for their services, and they go out of business when there is less demand. They are, nevertheless, eligible to carry out the duties of estate agents harlow, and they are free to restart their work whenever they see fit, provided that they remain in compliance with the standards outlined in the Estate Agencies Affairs Act.
Giving rise to commission conflict
Before we continue, it is important to point out that the vast majority of transactions involving real estate are completed without any kind of conflict. This does not, however, imply that there was never a valid reason to contest any of the transactions that were successful. It is common for solid claims to be overlooked for no other reason than a simple lack of knowledge, which typically occurs on the client’s side. In situations like these, there is little that can be done in hindsight because any wrongs done by real estate agents are immediately rectified on the date that the property is transferred. There is no need to repent or go to confession because all of your misdeeds will be miraculously removed from your record.
When people give an estate agent a mandate, they frequently have a misunderstanding about their rights and responsibilities, which can lead to commission conflicts. This is the situation in the majority of cases. However, conflicts can also emerge when estate agents have the wrong idea about the rights and responsibilities that are associated with carrying out a client’s mandate. If real estate agents harlow spend more time being “honest” about discussing commission before taking a mandate, they will be able to easily prevent both sorts of misunderstanding. In actual practise, this may not always occur, which may be the result of simple forgetfulness, a lack of diligence, or the result of pressure to obtain the mandate. The discussion of commission is frequently reduced to filling out a mandate form, which is then presented to the client with the assumption that they would sign it. This document’s sole purpose is to record the essential particulars, and it provides only brief explanations of the meanings of certain terminology, as well as rights and responsibilities.
Some mandates leave out minor details that are not in the Estate Agency’s favour, while others serve to cover “conditions of absence in agreement” that are covered by common law. While it is a good business practise to record in writing the amount of commission and under what circumstances the mandate will be considered fulfilled, some mandates leave out details that are not in the Estate Agency’s favour. For instance, according to common law, in the absence of an agreement to the contrary, an Estate Agent is not entitled to commission simply because, over the course of some period of time, there has been a conscientious effort to carry out a client’s mandate. This is the case even if the agreement specifically states that the Estate Agent is entitled to the commission.
Compliance requirements
It has been brought to our attention that the right to commission held by an estate agent is governed by a set of common law principles, and that conventional contracts are utilised to cover such rights. Additionally, it has been brought to our attention that such contracts might not adequately explain some concepts and might even be used to defend the estate agent against common law precepts that are not in the agent’s favour. Our solution to lowering the likelihood of disputes is to urge real estate agents harlow to have more open conversations and consultations with their customers about the commissions they receive.
However, assuming that such a discussion were to take place, how could a person possibly know whether or not an estate agent is entitled to commission if they do not have sufficient knowledge to ask the appropriate questions during such a talk?
In this section, we address some of the points customers should know, compliance issues that are often missed or forgotten by even the most experienced and professional of estate agents harlow. These points are important since they ensure that the client is in compliance with the law.
To begin, it is important to be aware that the right of an estate agent to obtain commission is directly influenced by both the Estate Agency Affairs Act and the Code of Conduct. Both of these pieces of legislation can be found here. One of the most essential stipulations of the act is that a Real Estate Agent may only receive commissions on transactions that have been completed during a time period for which the Real Estate Agent possesses a valid Fidelity Fund Certificate. This is one of the most stringent requirements that can be placed on a Real Estate Agent.
The second important fact to keep in mind is that real estate agents harlow who have not fulfilled the necessary training requirements are not eligible to receive commission on sales or lease agreements in which they have drafted or completed clauses. This is the case whether the agreement is for the sale or the lease of property.
In addition to these prerequisites, Section 8 of the [Code of Conduct] details the circumstances under which a Real Estate Agent is not eligible for commission.
Clients frequently do not get all of the ramifications of these three points explained to them. It is extremely uncommon, if not impossible, for a client to be furnished with a copy of the Estate Agents Fidelity Fund Certificate or given with a copy of the Code of Conduct. In addition, the Fidelity Fund Certificate includes a tear-off section the size of a business card. This section is designed to be able to be stored in a wallet, just like a driver’s licence would be, and then quickly retrieved and shown when necessary. There should be no reason why a professional Real Estate Agent who possesses a genuine Fidelity Fund Certificate would not wish to offer it. They should be proud to show it off.
The act takes things to the next level. In addition to the individual Estate Agent being required to hold a valid Fidelity Fund Certificate, the Agency Company, all participating directors, and any person who is promoting or canvassing immovable property are also required to hold a valid Fidelity Fund Certificates. This is the case regardless of whether or not the individual Estate Agent is promoting or canvassing the property. In the case that an Agency does not have a valid Fidelity Fund Certificate, or if any of the estate agents harlow or employees of the Agency do not have a valid Fidelity Fund Certificate, then no one who is employed by such an Agency is eligible to make a commission claim.
In a market with more than 72,000 agents, it is not difficult to persuade the general public to require the services of estate agents who do not meet the required standards. These individuals, despite their illegal business practices, are not required to operate in accordance with the Estate Agency Affairs Act or the Code of Conduct. As a consequence of this, the Estate Agency Affairs Board, which is the organization responsible for protecting the consumer, is only able to bring a criminal case against such individuals and does not have the power to sanction any behavior. On the other hand, if the estate agent is operating with a valid Fidelity Fund Certificate, failing to comply with the standards constitutes behavior that is deserving of consequence, which could result in the estate agent’s licence to operate being cancelled.
