No estate agent shall--
| 3.1 | offer, purport or attempt to offer any immovable property for sale or to let or negotiate in connection therewith or canvass or undertake or offer to canvass a purchaser or lessee therefor, unless he has been given a mandate to do so by the seller or lessor of the property, or his duly authorised agent; |
| 3.2 | on behalf of a prospective purchaser or lessee, offer, purport or attempt to offer to purchase or lease any immovable property or negotiate in connection therewith or canvass, or undertake or offer to canvass a seller or lessor therefor, unless he has been given a mandate to do so by such prospective purchaser or lessee, as the case may be, or his duly authorised agent; |
| 3.3 | accept a sole mandate, or the extension of the period of an existing sole mandate, unless-- |
| 3.3.1 | all the terms of such mandate (or extension, as the case may be) are in writing and signed by the client; |
| 3.3.2 | the expiry date of the mandate (or extension, as the case may be), which shall be expressed as a calendar date, is specifically recorded in the written sole mandate (or extension, as the case may be); |
| 3.4 | accept a sole mandate which contains a provision conferring upon him-- |
| 3.4.1 | an option to extend the sole mandate for a certain period after expiry of the sole mandate; or |
| 3.4.2 | a mandate to continue to render the same estate agency service referred to in the sole mandate, after expiry of the sole mandate, unless-- |
| a) | the client has prior to his signature of the sole mandate expressly consented in a written document executed independently of the said sole mandate, to the inclusion of such provision or provisions (as the case may be); and |
| b) | such document contains an explanation of the reasons for and implications of the inclusion of such provision; and |
| c) | such document is signed by both the client and the estate agent in question; |
| 3.5 | accept a sole mandate which also confers upon him a power of attorney to act on behalf of the person conferring the mandate, unless the intention and effect of such power of attorney is fully explained in the document embodying the sole mandate; |
| 3.6 | include, or cause to be included, or accept the benefit of, any clause in a contract of sale or lease of immovable property negotiated by him, whereby a sole mandate is directly or indirectly conferred upon him to sell or let the said immovable property at any time after the conclusion of the said contract; |
| 3.7 | accept any mandate or instructions for work in respect of immovable property if his interest therein would compete with his obligations towards an existing client in respect of the same immovable property without first disclosing such interest in writing to such client; |
| 3.8 | knowingly or negligently make a material misrepresentation concerning the likely market value or rental income of immovable property to a seller or lessor thereof, in order to obtain a mandate in respect of such property; |
| 3.9 | accept a mandate in respect of any immovable property if the performance of the mandate requires specialised skill or knowledge falling outside his field of competence, unless he will in the performance of the mandate be assisted by a person who has the required skill or knowledge and this fact is disclosed in writing to the client; |
| 3.10 | accept a sole mandate to sell or let immovable property, unless he has explained in writing to the client-- |
| 3.10.1 | the legal implications should the client during the currency of the sole mandate or thereafter sell or let the property without the assistance of the estate agent, or through the intervention of another estate agent; and |
| 3.10.2 | what specific obligations in respect of the marketing of the property will be assumed by the estate agent in his endeavour to perform the mandate: |
Provided that such explanations, if contained in a standard pre-printed or typed sole mandate document, shall be in lettering not smaller than that generally used in the remainder of the document.
