The Property Practitioners Act (PPA) is a consumer-focused piece of legislation, designed to protect consumers in the property industry. Other than the mandatory disclosure form which must be in place before a property practitioner (PP) may accept a mandate, the PPA also regulates undesirable practices and conduct. Chapter 9 and 10 of the Act, Chapter 7 of the Regulations and specifically Regulation 34 which contains the revised Code of Conduct must be kept in mind when dealing with consumers.
Regulation 34.2 provides that a PP may not engage in any conduct which bring the integrity of the profession into disrepute, must at all times act in the best interest of their clients, and may not accept a mandate of the PP does not possess the necessary skill set to give effect to the terms thereof.
If a mandate includes a provision which states that there is no obligation to sell, such a provision will be contrary to the spirit and purport of the mandate agreement and will fall short of the requirements in terms of the PPA and CPA.
