09/06/2026
๐ฅ๐ฆATTENTION: Before You Sign With Any Estate Agent, Read This: The Documents Every Seller Must Provide โ And Why the Law Requires Them: IT MATTERS! ๐ฅ
โAs Principal of Chas Everitt Hoedspruit, I frequently encounter sellers who are frustrated when asked to complete F**A documentation, sign mandates, or complete disclosure forms before their property can be marketed. Many believe agents are simply trying to tie them into an agreement. The truth is very differentโฆโ
Before a property can be marketed and sold, a professional property practitioner is legally required to obtain certain documents and information from the seller. Many sellers mistakenly believe that these requests are simply an attempt to โtie them intoโ an agreement. The reality is very different.
Selling your home is one of the most significant financial transactions most people will undertake in their lifetime. It is a formal business transaction governed by legislation, and property practitioners are legally obliged to comply with these requirements before marketing a property.
As registered Property Practitioners, we are regulated by the Property Practitioners Regulatory Authority (PPRA) and must comply with the Property Practitioners Act, the Financial Intelligence Centre Act (F**A), and other applicable legislation. Failure to comply can result in substantial penalties, disciplinary action, and in severe cases, the loss of a practitionerโs right to operate.
This is why sellers are asked to provide:
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F**A documentation to verify identity and address.
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A signed mandate or authority to market the property.
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A completed Property Condition Disclosure Form, which is a legal requirement under the Property Practitioners Act and must be provided to prospective buyers.
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Additional supporting documentation required to verify ownership and ensure the property can be marketed correctly and legally.
These requirements are not optional. They are designed to protect sellers, buyers, and property practitioners alike, while ensuring a transparent and legally compliant sales process.
Unfortunately, some agents or agencies may be tempted to rush a listing onto advertising portals without first obtaining the required documentation. While this may appear convenient, it is neither professional nor compliant with the law. As a seller, this should raise concerns because it may indicate that the practitioner is not adhering to the standards expected by the PPRA.
As a consumer, you should also always ask your property practitioner to provide proof of a valid Fidelity Fund Certificate (FFC). Without a valid FFC, a practitioner may not legally earn commission. If you are dealing with an intern property practitioner, remember that any sale or lease transaction must be supervised and countersigned by a Full Status Property Practitioner in accordance with PPRA requirements.
A professional property practitioner does far more than take photographs and advertise a property. Their role is to ensure that every aspect of the transaction is handled legally, efficiently, and in a manner that protects all parties involved.
The documentation requested upfront is not about restricting you as a seller. It is about ensuring that when a buyer is found, the transaction proceeds smoothly, transparently, and without unnecessary delays or legal complications.
When an agent asks for the correct documentation before listing your property, they are not creating obstaclesโthey are demonstrating professionalism, legal compliance, and a commitment to protecting your interests.
๐ Know Your Rights & Legal Requirements
โ PPRA (Property Practitioners Regulatory Authority)
https://theppra.org.za
โ Mandatory Disclosure Form
https://theppra.org.za/resources/templates/
โ Property Practitioners Act 22 of 2019
https://www.gov.za/sites/default/files/gcis_document/201910/42746gon1295.pdf
โ Section 67 โ Mandatory Disclosure
Sellers must complete and sign a Property Disclosure Form before a practitioner may accept a mandate.
โ F**A Compliance
Property practitioners are legally required to verify the identity and address of sellers and buyers before establishing a business relationship.
โ Fidelity Fund Certificates (FFC)
Always ask your property practitioner for a valid Fidelity Fund Certificate. Without a valid FFC, a practitioner may not legally claim commission.
Professional compliance protects sellers, buyers and property practitioners alike.
