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25 October 2011 Our ref: G2016982I/ip Please quote our reference Number in all correspondence Enquiries: Mr Isaac Phooko

Fax: 086 613 8775 Telephone: 011 731 5620 Mr M.B. Molapo P O Box 303 DE-DEUR 1884 Dear Sir RE: COMPLAINT AGAINST RE/MAX GATEWAY

We advise that the abovementioned complaint was duly considered by the Board. It was resolved, pursuant to the provisions of regulation 3(3)(a) of Government Notice R51 of 26 January 2001, not to proceed further with an investigation into the same. It would also appear that there is no reasonable likelihood that a committee will find that the conduct complained of, even if proven, constitutes conduct deserving of sanction on the part of the estate agents. From your affidavit dated 23 October 2011, it is apparent that Re/max Gateway was engaged as facilitators of the process that would entail amongst others the sub-division of the land. The land had to be sub-divided before it could be marketed and sold. The money that was paid over to the estate agents was paid to them in their capacity as the facilitators and not as estate agents. Sub-division was never done according to your above- mentioned affidavit.

We advise that facilitation of sub-divisions of land is not one of the duties of estate agent as defined in Section 1 of the Estate agency affairs act, Act 112 of 1976 and is therefore not regulated by the EAAB. Your complaint is also based on a contract that you had with Re/max Gateway, in that regard we advise that the estate agency affairs Board does not have the jurisdiction of a civil court and cannot adjudicate over contractual disputes as that is the competency of the civil court.

We therefor advise that you consult a lawyer for a legal advice. We regret that in the circumstances we are not able to be of any further assistance herein and have accordingly closed our file in this matter.

Yours faithfully

Mr Isaac Phooko for CHIEF EXECUTIVE OFFICER

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