Property Practitioners

Legal Resources for Estate Agents

Stay informed with practical legal updates designed specifically for estate agents. Explore articles on mandates, commission disputes, Offers to Purchase, compliance, and property law.

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The New Cold-Calling Rules: What Every Estate Agency Principal Needs to Know

If you run an estate agency in South Africa, the way you reach potential buyers, sellers, landlords and tenants changed on 15 April 2026 - and the change is bigger than most principals realise. The Consumer Protection Act has been amended to introduce a national "Do Not Contact" register, and the new regime applies imm

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An Estate Agent’s Right to Commission - What Happens When the Deal Falls Through

For most property practitioners, few things are more frustrating than closing a deal - only to have it collapse before registration.

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How to Legally Handle Multiple Offers on a Property in South Africa

When the property market heats up, sellers are often lucky enough to receive more than one offer to purchase (OTP)at the same time. While it's a great position to be in, it also comes with potential legal and ethical pitfalls - especially for estate agents and sellers who don't follow due process.

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The “Subject to Sale” Clause Explained: When Is It Actually Fulfilled?

One of the most common suspensive conditions in South African property transactions is the "subject to sale" clause - where a buyer's offer to purchase (OTP) depends on them first selling their existing property.

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Selling a Property from a Deceased Estate

When someone passes away, their assets - including immovable property - form part of their deceased estate. If the property is to be sold, it cannot be treated like an ordinary sale. There is a defined legal process that must be followed before transfer can take place. Understanding the steps upfront helps families, he

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Top 5 Mistakes Agents Make in Mandates (and How to Avoid Them)

When it comes to selling property, few documents are as important as the mandate agreement between an estate agent and a seller. Yet, mandates are often misunderstood, rushed, or poorly drafted - leading to commission disputes, strained relationships, and even litigation.

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The Hidden Trade-Offs of High Commission Splits in Real Estate

In the South African property industry, commission splits have become one of the hottest talking points since 2020. With the rise of cloud-based brokerages and "agent attraction" models, many companies now offer eye-catching splits of 70%, 80%, or even 100% to lure agents away from traditional firms.

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How Real Estate Has Changed Since 2020: The Rise of the Agent Attraction Model

The real estate industry has always been quick to evolve, but few shifts have been as dramatic as the one we've seen since 2020. Traditionally, real estate was all about buyers and sellers - estate agents built their business on listings, show days, and closing deals. But in recent years, a new model has disrupted the

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What To Do If You Can’t Get Your Fidelity Fund Certificate (FFC) from the PPRA

Every estate agent in South Africa knows the struggle: you've submitted your Fidelity Fund Certificate (FFC) application to the Property Practitioners Regulatory Authority (PPRA), paid your fees, and… nothing happens. Weeks or even months go by without a certificate being issued.

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Can an Estate Agent Claim Commission Without a Fidelity Fund Certificate?

In the world of real estate, commission is the lifeblood of an estate agent's income. But what happens if an agent closes a deal while their Fidelity Fund Certificate (FFC) is expired or invalid? A recent High Court case has once again highlighted a critical point: without a valid FFC, an estate agent may have no legal

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Who Really Earns the Commission? Lessons from RE/MAX Living v Kapstadt International Properties

Commission disputes between estate agents are not uncommon - but few have been as clarifying as City & Atlantic Real Estate (RE/MAX Living) vs Kapstadt International Properties. The Western Cape High Court, in late 2024, delivered a judgment that affirmed key legal principles around agency, mandates, and when an agent

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Three Things to Cover in Every Listing Appointment

A listing appointment is your opportunity to build trust, position yourself as the expert, and set clear expectations with the seller. Too often, agents rely on generic presentations that focus on their own achievements instead of addressing the real issues sellers need to understand. If you want to stand out, make sur

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