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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Estate Agents Amendment Act, No. 90 of 1998

Long title


To amend the Estate Agents Act, 1976, so as to substitute certain words; to amend or to insert certain definitions; to amend the objects of the Estate Agency Affairs Board; to further regulate appeals to the Board; to provide for grants and payments from the fidelity fund and the arrangement of group insurance schemes by the Board; to provide for the imposition of a penalty for the late application for the issue of a fidelity fund certificate or a registration certificate; to provide that the fidelity fund shall be obliged to pay compensation to a person who suffered a loss by reason of theft by an estate agent of trust money; to make further provision for the disqualifications relating to the issuing of fidelity fund certificates, and for the withdrawal of a fidelity fund certificate and a registration certificate; to provide for the circumstances under which a fidelity fund certificate and a registration certificate shall lapse; to further regulate the grounds upon which an estate agent shall be guilty of conduct deserving of sanction; to provide anew for the penalties which the Board or a committee of inquiry may impose; to provide for the suspension of a fidelity fund certificate if a fine imposed by the Board is not paid within one month; to authorise the Board and a committee of inquiry to order that any portion of a fine imposed by it be applied to compensate any person who suffered a loss as a result of the conduct of the estate agent concerned; to authorise the Board to make a contribution from the fidelity fund towards the costs incurred by an estate agent who has been found not guilty on a charge of conduct deserving of sanction; to make further provision for the keeping of a trust account by an estate agent; to provide for circumstances under which an estate agent shall not be entitled to remuneration; and to prohibit the drafting or completion of certain documents by estate agents who have not complied with the prescribed standard of training; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1.  Amendment of section 1 of Act 112 of 1976...
2.  Substitution of section 2 of Act 112 of 1976
3.  Substitution of section 7 of Act 112 of 1976
4.  Amendment of section 8B of Act 112 of 1976...
5.  Insertion of section 8C in Act 112 of 1976
6.  Insertion of sections 12A, 12B and 12C in Act 112 of 1976
7.  Amendment of section 16 of Act 112 of 1976...
8.  Repeal of section 17 of Act 112 of 1976
9.  Amendment of section 1!3 of Act 112 of 1976...
10.  Substitution of section 26 of Act 112 of 1976...
11.  Amendment of section 27 of Act 112 of 1976...
12.  Amendment of section 28 of Act 112 of 1976...
13.  Amendment of section 30 of Act 112 of 1976...
14.  Substitution of section 31 of Act 112 of 1976...
15.  Amendment of section 32 of Act 112 of 1976...
16.  Amendment of section 32A of Act 40 of 1986
17.  Amendment of section 33 of Act 112 of 1976...
18.  Substitution of section 34A of Act 112 of 1976
19.  Insertion of section 34B in Act 112 of 1976
20. Substitution of section 37 of Act 112 of 1976
21.  Substitution of long title of Act 112 of 1976
22.  Short title and commencement

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