In REBOSA Reports

“There is only one kind of shock worse than the totally unexpected: the expected for which one has refused to prepare.” – Mary Renault

Dear Colleagues

It is with sadness, but not resignation, that we have to report customary delays at the EAAB in issuing of 2020 FFCs.  These delays are worse than in previous years.  IT is blamed, like every year before.  If ever there was a predictable event, this is it.

As in 2017, we had briefed our lawyers to take action when it became clear on 10 December when we met with the CEO and the Chairman of the EAAB that almost one third of the industry were still waiting for FFC’s.  We continued our interaction with the CEO and members of the board right to the end of the last year.

As a result, certificates were issued after Christmas Day despite an earlier announcement that the offices would be closed on 20 December and that all certificates would’ve been issued by that date.

Sadly, despite these efforts a few hundred agents (as far as we can determine) are still waiting for their 2020 FFCs to be issued and we are doing our best to address this.

Legal action still remains an option.

You are once again invited to log your detail on the Rebosa website – https://www.rebosa.co.za/2020-ffcs-online-query/ should you still not have received your FFC.

One cannot help but be disappointed when reviewing all the promises communicated by the EAAB – only to realise that many of us are still denied the opportunity to operate legally.

As an example, it was communicated to us that the EAAB offices would reopen on 2 January 2020, only to receive an email from the CEO stating “they should be back on the 8 January and then they will attend to your request…..”

We acknowledge that the current situation is not acceptable but taking legal action is a complex and costly exercise.  Please rest assured that we are dealing with one of the most prominent legal firms in the country and are fully cognisant of the options we have available to us.  Rebosa has been funding all the legal opinions in this respect on behalf of industry.

With this in mind, our main concern remains ensuring that all compliant Property Practitioners receive their FFCs, without which we cannot earn commission. It is clear from the past court rulings that the absence of an FFC cannot be rectified retrospective in any way. Even if the EAAB is at fault, the agent pays the penalty.

The Rebosa board will be meeting with the Chairman of the EAAB in the next few weeks.

Property Practitioners Act.

The President has signed the Act and the Minister must now issue regulations after which the Act will be promulgated.

Rebosa will be making representations is in this regard and we have reason to believe that the regulations will not be finalised before the middle of this year. It is most likely that the Act will be operative before 31October 2020 i.e. before the next renewal of FFC’s.

Kind regards
Jan

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