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Must I sign a joint mandate for another agency to market my rental unit?

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Q

Hi, we have been giving permission to market a unit for a six-month, long-term let. We are aware that there is another agent also marketing the unit.

Is it necessary to get the landlord to sign a joint mandate for a long-term let? – David

A

Hi David, I do not think it necessary to call upon the owner to sign a joint mandate in this instance, unless of course you (and the other agency) want to.

In this regard, it must be noted that you would run the risk of the other agency sharing in the commission, in circumstances where they may not necessarily do any work or actively market the property. As things stand, the agency that successfully lets the property in question will be entitled to receive the commission, and if you are happy to proceed on that basis then I would suggest leaving things as they are.

As a precautionary measure, however, I would suggest enquiring as to the terms of the mandate that have been given to the other agency, so as to ensure that there are no disputes that arise in the event of your agency successfully letting the property concerned.


Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you


Who is Marlon Shevelew?

Marlon Shevelew, director of Marlon Shevelew and Associates.

Marlon Shevelew, director of Marlon Shevelew and Associates.

Marlon Shevelew is the director of Marlon Shevelew and Associates Inc. a law firm specialising in rental property, contractual, consumer and company law. The firm is the recipient of more than 45 international property law awards. Marlon is current author of PayProp’s rental documentation and preferred rental property attorney to the Institute of Estate Agents South Africa (IEASA), the Rental Housing Tribunal Western Cape and presenter of the Advanced Residential Property Law Seminar endorsed by the University of Cape Town. Marlon has featured on Cape Talk 567 and Property Matters on DStv, contributes as a guest expert to several property publications and was invited by Juta to write a book on rental property law, by LexisNexis Butterworths to edit its forms and precedents on rental property law and, on no less than three occasions, was invited by the Law Society of South Africa to lecture and train candidate attorneys and attorneys on rental property law. Marlon also created the unique Rental Retainer ClubRentDoc  and LevyDoc which offers clients affordable legal fees for rental property and sectional title related matters. Marlon is contactable on marlon@marlonshevelew.co.za anytime for more information on these services.

david.steynberg@gmail.com

David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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