Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)

In this code of conduct, unless the context otherwise indicates--

"board"

means the Estate Agents Board;

"candidate estate agent"

means a person referred to in paragraph (c)(ii) of the definition of "estate agent" in section 1 of the Act who has subject to the provisions of Government Notice No. R.1469 of 29 June 1990 been exempted from the standard of training prescribed by Government Notice No. R.1409 of 1 July 1983;

"client"

means a person who has given an estate agent a mandate, provided that should an estate agent have conflicting mandates in respect of a particular immovable property, the person whose mandate has first been accepted by the estate agent, is regarded as the client;

"estate agency service"

means any service referred to in subparagraphs (i)-(iv) of paragraph (a) of the definition of "estate agent" in section 1 of the Act;

"estate agent"

means a person defined in section 1 of the Act, including a candidate estate agent;

"franchise"

means an agreement, arrangement or understanding between a franchisor and a franchisee estate agent in terms of which the latter is entitled or required to operate under a trade name which is owned by, or which is associated with the business of, the franchisor or any other person;

"immovable property"

means immovable property as defined in section 1 of the Act;

"mandate"

means an instruction or an authority given to, and accepted by, estate agent to render an estate agency service;

"sole mandate"

means a mandate incorporating an undertaking on the part of the person giving the mandate, not to confer a similar mandate on another estate agent before the expiry of a determined or determinable period;

"the Act"

means the Estate Agents Act, 1976 (Act No. 112 of 1976).