Real Estate Agent Chasing Clients

JR Dup

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Joined
Jun 30, 2014
Messages
131
Hi Guys,

Need some advice on our current issue we having. My wife owns a salon & we are renting a place in the Glen Marais area. A new Estate Agent has taken over the care of the place & making life hell.

We had an issue today (not the first time) where the agent is rude towards my wife & her clients. To such an extent that one client left before treatment was done.

Is there anything in the CPA that states this is not allowed. Our clients are uncomfortable and this is going to impact our business.

Any advice will help........
 

gregmcc

Honorary Master
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Jun 29, 2006
Messages
25,514
What was the agent doing there? They can't just pitch whenever they feel like it.
 

JR Dup

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Jun 30, 2014
Messages
131
My exact thoughts, when we ask to make an appointment she just walks in. I just need something concrete to throw at her. Getting a bit much.
 

Binary_Bark

Forging
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Feb 24, 2016
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38,582
Recordings, when the visit is done send the agent a email CC'ng the boss saying as per your visit at (time, date) Please confirm
 

Beachless

Executive Member
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Oct 6, 2010
Messages
6,003
As above she needs to make an appointment. Best you read the rental acts as its all in there and then tell her to bugger off.
 

JR Dup

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Joined
Jun 30, 2014
Messages
131
Recordings, when the visit is done send the agent a email CC'ng the boss saying as per your visit at (time, date) Please confirm

I have a meeting with her next week and will def be recording, she got the " I don't give a Sh#t attitude. By what i can see on her business cards she is the principal of the agency.
 

Binary_Bark

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Feb 24, 2016
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As above she needs to make an appointment. Best you read the rental acts as its all in there and then tell her to bugger off.

Depends, need to read the rental agreement thoroughly. Might be something in the small print
 

Binary_Bark

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Feb 24, 2016
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I have a meeting with her next week and will def be recording, she got the " I don't give a Sh#t attitude. By what i can see on her business cards she is the principal of the agency.

Do that, but you need to inform her you are recording, else you can't use it. After the meeting send a email as suggested confirming the talk
 

JR Dup

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Jun 30, 2014
Messages
131
Proof & evidence i can get, but what I do with it. Will something like this hold in court?
 

gregmcc

Honorary Master
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Jun 29, 2006
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25,514
Go through the rental agreement with a fine tooth comb and see if she slippped in anything. Otherwise tell her to bugger off you are busy. Make an appointment next time.
 

JR Dup

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Joined
Jun 30, 2014
Messages
131
Do that, but you need to inform her you are recording, else you can't use it. After the meeting send a email as suggested confirming the talk

Thanks, would have tried to hide the recording.
 

Binary_Bark

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Thanks, would have tried to hide the recording.

Have experienced this a few times during my work with difficult clients, the first time I did not inform the person of the recording. Was a mistake, it was seen as inadmissible and entrapment.
The best you can do is after every call and visit document and e-mail the agent and her boss with what was said and discussed.
To keep your side clean you have to be transparent with all dealings and always CC a superior.
 

saturnz

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May 3, 2005
Messages
19,666
what does your lease say about visits, refer to that and send her a mail that you are unhappy since in terms of section blah blah you are entitled to sufficient notice etc

that's ofcourse if the lease allows for you to say that

my lease requires me to give 48 hours notice for example
 

Beachless

Executive Member
Joined
Oct 6, 2010
Messages
6,003
Depends, need to read the rental agreement thoroughly. Might be something in the small print

There is actually and old saying that rent comes before ownership. The act overides anything in the contract to the contrary. You have the right to the property in accordance to the laws of the country. You have every right to tell her to bugger off if she harasses you. Just remember that when it comes to renewal she will likely be involved.
 

Binary_Bark

Forging
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Feb 24, 2016
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There is actually and old saying that rent comes before ownership. The act overides anything in the contract to the contrary. You have the right to the property in accordance to the laws of the country. You have every right to tell her to bugger off if she harasses you. Just remember that when it comes to renewal she will likely be involved.

Very true, never piss off the agent without any proof. Why I made the suggestion I did
 

Hemi300c

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Dec 15, 2009
Messages
26,399
I have a meeting with her next week and will def be recording, she got the " I don't give a Sh#t attitude. By what i can see on her business cards she is the principal of the agency.

Send her a email and copy the landlord in.
 

Tovad

Well-Known Member
Joined
May 26, 2012
Messages
362
Have experienced this a few times during my work with difficult clients, the first time I did not inform the person of the recording. Was a mistake, it was seen as inadmissible and entrapment.
The best you can do is after every call and visit document and e-mail the agent and her boss with what was said and discussed.
To keep your side clean you have to be transparent with all dealings and always CC a superior.

According to the comments by 2 persons here:
https://businesstech.co.za/news/motoring/154387/are-dashcams-actually-legal-in-south-africa/
you can record or videotape any conversation that you are a party to without informing the other parties
Andrew > Rudi • 2 months ago
Yes you are 100% correct. I don't know where Mr Osborne gets that nonsense about requiring consent. Section 4 of RICA clearly states: “Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by any such person for purposes of committing an offence.”
 

f2wohf

Honorary Master
Joined
Apr 15, 2014
Messages
15,157
First the CPA and the Rental Act don't apply as it is a business rental.

It boils down to what's in your lease, so check this.
 

f2wohf

Honorary Master
Joined
Apr 15, 2014
Messages
15,157
There is actually and old saying that rent comes before ownership. The act overides anything in the contract to the contrary. You have the right to the property in accordance to the laws of the country. You have every right to tell her to bugger off if she harasses you. Just remember that when it comes to renewal she will likely be involved.

The act doesn't apply. It's the Rental HOUSING Act, so excluding businesses.
 
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