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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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What is The Property Practitioner Act and What is its Purpose?

For years, the property industry in South Africa operated under outdated regulations that failed to meet the needs of a modern, inclusive economy. That changed with the introduction of the Property Practitioners Act 22 of 2019 — a piece of legislation that came into effect on 1 February 2022, replacing the decades-old

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Can an Estate Agent Claim Commission If They're Not Named in the Sale Agreement?

A recent judgment handed down by the Western Cape High Court has brought much-needed clarity to a question that estate agents, sellers, and property attorneys frequently encounter: Can a party claim commission simply because they facilitated a sale — even if they're not named in the signed sale agreement?

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No Certificate, No Commission – Why FFC Compliance is a Must

Under South African law, estate agents and property practitioners are held to strict compliance standards — especially when it comes to their entitlement to commission. One of the most critical of these requirements is holding a valid Fidelity Fund Certificate (FFC) at the time of performing any estate agency service.

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Let Van Deventer Dowlath & Marx Incorporated (VDM) Help You Stay Compliant with Your FFC Renewal

Dear Valued Clients and Principals,

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How Estate Agent Commission is Negotiated and Paid in SA Property Sales

When selling property in South Africa, one of the most significant costs a seller will face is estate agent commission. It's not just a line item in the agreement — it can amount to tens or even hundreds of thousands of rand, depending on the final sale price. And yet, many sellers go into the process without fully und

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The CPA and Lease Agreements in South Africa

Lease agreements are often assumed to be governed only by the clauses written into them. But in South Africa, property leasing is shaped by more than just private contract. Because the right to housing and the right to property are constitutionally protected, several additional laws apply—and one of the most important

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Long-Term Lease Agreement – When Does It Apply to You?

Long-term lease agreements don't just shape the relationship between landlord and tenant—they can create legally enforceable rights that follow the land itself. In South African property law, these agreements hold far more weight than short-term leases, especially when registered. They may even give the tenant a real r

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Independent Contractors and PAYE in South Africa

The tax treatment of independent contractors is a grey area for many South African businesses—especially when the contractor is closely tied to the company, such as a director or shareholder. It may seem easier (or even more tax-efficient) to have that individual invoice the business each month instead of drawing a for

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Estate Agents and the Duty to Disclose Property Histories

When a home has a history of murder, suicide, or other violent events, does an estate agent have an obligation to disclose this information to potential buyers? Unlike physical defects, which must be documented in property condition reports, South African law does not explicitly require disclosure of psychological stig

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