Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 9 : Conduct of Property Practitioners63. Undesirable practices |
| (1) | Subject to subsection (2), the Minister may, after consultation with the Board, by notice in the Gazette, declare a particular business practice in the property market to be undesirable and consequently prohibited. |
| (2) | When deciding whether or not a declaration contemplated in subsection (1) should be made, the Minister and the Board must consider— |
| (a) | the right of every citizen to freely choose their trade, occupation or profession; |
| (b) | that the practice concerned, directly or indirectly, has or is likely to have the effect of— |
| (i) | damaging the relations between property practitioners, or any specific property practitioner, on the one hand, and any specific consumer, category of consumers or the general public on the other hand; |
| (ii) | unreasonably prejudicing any consumer or category of consumers; |
| (iii) | deceiving any consumer or category of consumers; or |
| (iv) | unfairly affecting any consumer or category of consumers; and |
| (c) | that if the practice is allowed to continue, one or more of the objects of this Act as contemplated in section 2 will or is likely to be defeated. |
| (3) | The Authority may issue a compliance notice contemplated in section 26 directing a property practitioner who, on or after the date of the publication of a notice contemplated in subsection (2) carries on a business practice in contravention of that notice, to rectify to the satisfaction of the Authority anything which was caused by or arose out of the carrying on of the business practice concerned, or otherwise deal with the matter as authorised by this Act or any other applicable law. |