Agent news: CPD compliance and exemptions

Private Property South Africa
Jill Corfield

(Part 4 of 4)

1; 2; 3

Submitted by Jill Corfield: corfield@mweb.co.za

Compliance with the CPD programme by practicing estate agents

As from 1 August 2012 (the effective date) all practicing estate agents, both principals and non-principals, applying for the renewal of their fidelity fund certificates will have to satisfy the EAAB that they have complied with the required continuing professional development requirements in respect of the preceding calendar year, failing which it will not be possible for the EAAB to issue any such fidelity fund certificates to applicants. As the CPD requirement must be completed over a rolling three-year cycle it is obvious that no currently practicing estate agent can be disqualified due to CPD non-compliance until, at the very least, 1 August 2015.

Procedure to be followed in cases of noncompliance with the requirements of the CPD programme

Should any estate agent fail to comply with the required mandatory CPD requirements over any applicable rolling three year period the EAAB will, as the complainant in the matter, bring a complaint of conduct deserving of sanction against the offending estate agent for investigation and prosecution in accordance with the improper conduct regulations. Any estate agent found guilty of conduct deserving of sanction, and who has been duly sanctioned accordingly, shall have the right to appeal against such finding and sentence in accordance with the relevant appeal regulations.

Exemptions from the CPD programme

Any practicing estate agent who attains the National Certificate: Real Estate (SAQA QUAL ID 20188) or the Further Education and Training Certificate: Real Estate (SAQA QUAL ID 59097) or any other estate agency qualification deemed by the EAAB to be of a similar standing to those qualifications, after the effective date and who provides sufficient evidence of the receipt of that qualification to the EAAB, will be exempted from the CPD requirements for the calendar year in which the qualification in question was attained.

CPD Exclusions

Any continuing education undertaken by a practicing estate agent as the result of a direction given by a committee of inquiry and/or by any other committee of the EAAB and/or any court of law shall not be eligible to be counted towards completion by that estate agent of that estate agent’s CPD obligations.

Recording of participation at CPD activities

The participation by estate agents at CPD activities must be recorded by the signing of an attendance register at the commencement of the proceedings and, again, at its conclusion. A certificate of attendance must be issued to attendees at the conclusion of the event. Failure by estate agents to participate at CPD events where they have indicated an intention to do so may result in a charge of improper conduct being brought against those persons by the EAAB.

Maintenance of a Portfolio of Evidence

All estate agents will be obliged to keep and maintain sufficient original evidence supporting their CPD activities on file, in a Portfolio of Evidence (PoE), and may be required to submit that PoE to the EAAB for checking or to produce the PoE to EAAB inspectors for the same purpose.

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