Eventually on 29 August Beloyi’s email arrived saying that while each matter had to be dealt with on its merits Regulation 5(5.5.1) of the Code of Conduction stipulated that no agent shall “wilfully or negligently mislead or misrepresent in regard to any matter pertaining to the immovable property in respect of which he has a mandate.”
I expanded on my original question by saying: “I can't understand why you can’t answer this: Is it misleading for an estate agency to advertise a property development with the following: A very realistic picture of the entire complex with trees and veldt around it with ON SHOW in red in the top right hand corner of the picture; 20% SOLD in another corner and Sole Mandate in the bottom left hand corner. Below this picture were two more very realist pictures of a furnished bedroom and lounge. Further down were five lines describing the property’s, finishes etc. This was followed by “On show Sunday 3-5pm” with details of where a viewer could find the agency’s boards to get to the development. But if you followed the direction instructions you would have come to a vacant site with a hut of some kind used as a sales office. Nowhere in the advertisement was there any indication that nothing had yet been built. In fact just the opposite was true.