Affidavit

IN A MATTER BETWEEN MAKOTOKO BERNARD MOLAPO And STEVEN ROGER HOUSE OF RE/MAX GATEWAY; WALKVILLE Respondent 1. INTRODUCTION The applicant is Mr. Bernard Makotoko Molapo (ID No. 6508086235088) who resides at plot 336 Cross Road, De Deur, in Vereeniging district, a male adult with full legal rights. And the Respondent here is Re/max Gateway, dual registered as an Estate Agency; Walkerville Gateway Properties CC, Reg No. 2009/60702023 whose address is as follows; 84 Main Road, Walkerville P.O. Box 1353, Walkerville 1876. cell 082627 3134 .. 2. Applicant states the following: I, (Bernard Makotoko Molapo) hereby testify that I signed an agreement with Re/max Gateway, represented by Steven Roger House on or about 8th April 2009. In terms of the agreement Re/max Gateway was engaged as a facilitator required to assist me and to coordinate the required sub-division of the land and as well as the marketing and selling of the proposed sub-divided portions of land. In terms of the agreement the facilitator, Re/max Gateway would obtain the necessary quotes from the Land surveyors, town planners at Midvaal Local Municipality and a conveyance in respect of the provision on the required services and the obtaining of the necessary consents and clearance certificates in order to achieve the required sub-division. Further in terms of clause 4, the facilitator shall hold regular meetings with me (owner) in order to keep the owner advised as to the progress of the subdivision, marketing and sales process and inform me of any potential problem. 2.1 Land surveyors Applicant

Around July 2009, the services of the land surveyors were acquired and an amount of Twenty thousand Rands (R20,000) was allegedly paid to E. Joynt Professional Land Surveyor Reg No. PLS 0912, for services provided. On the 18th October 2011, after acquiring the approval letter from the town planners office I discovered that Mr. House and/or Mr. McLoughlin did not pay the money to the land surveyors. The two of them could not provide me with a proof of payment to E. Joynt Land Surveyors. . Mr. Steven House was in terms of the agreement to submit the application for the proposed sub-division to town planner's office accompanied by Land Surveyor's diagrams for the approval. Mr. Steven House has not done that. Since then, (July 2009) and onwards Steven Roger House has stopped contacting me and/or briefing me about the process of the application. 2.2 Town Planners Office In January 2010 I was informed by Ntate Mofokeng whom Steve House had facilitated to sign a sales deed agreement with me for the proposed portion 1 of sub-divided land, that Steve had told him and his wife that he was going to register their portion in Pretoria at Deed's Office. However, upon my inquiry from a lawyer in the midvaal, I was informed that there is no registration of a property at Deeds office that can take place without the approval letter from the local town planner. Around April 2010, I went to the town planner's offices in the Midvaal inquiring about the progress made towards approving the sub-division application. The town planner officials asked me when was the application submitted and the reference number for the application. I informed them that the application must have been submitted in May 2009 but I do not have a reference number as the submission was done by Re/max Gateway. I then phoned Mr. Steve House of Re/max Gateway to give me the required details for the application. Mr. Steve House could not give me the details of the application but instead he informed me that he was being assisted by a particular ward councilor, who was helping him to speed up the process. At this point I began to doubt Steve House's integrity and professionalism, since he told me he was guided by a ward councilor (a politician) to do what was professionally supposed to be his area of expertise. The officials at the town planner office told me, that I could have done the application myself and they gave me guidelines in terms of what documents should accompany such application. In June 2010 Steve House, contrary to his earlier statements, informed me that he couldnt submit the application to the town planner because he did not have the letter from the bond holder (Standard Bank) giving me a concerned to go ahead with the sub-division. By then I had already requested Standard Bank for such a letter because the officials at the town planner's office had told me to do so. 2.3 Public Notices

Around July 2010 advertising notices were placed on my property and Ntate Mofokeng's property, notifying the public about the proposed sub-division and requesting the public to raise objections if there were any. These notices were written as if there were from town planner's office. However, I only learned later from Mr. Frans Smith who is a tenant at my property that such notices were written by Re/max Gateway and he happened to be at Re/max Gateway offices when the notices were typed. When I asked the town planner's officials about the notices and they informed me that they knew nothing about them. Mr. House, has to explain why he had to misrepresent facts; in the process misled both myself and the Mofokengs; and engage in activities that appear to be fraudulent. Around July 2010, Mr. House kept on phoning me (owner) and telling me that those notices would be up for only eight (8) weeks and after eight weeks the conveyance should start the process of launching the application at the Deed office for registration of the proposed portions in Pretoria. At this point it was clear that Re/max Gateway, in particular Mr. Steve Roger House was a liar. The Mofokengs were also convinced that Steven was a liar. It was around this period, when Mr. Frans Smith informed me that he knew all along, that the public notices placed were actually false, and were not from the town planners office in the Midvaal Municipality. I also discovered later, after getting the approval letter (on the 18th September 2011) from the town planner, that Re/max Gateway never paid R20,000 to Land Surveyors as Mr. House has earlier claimed. During my telephone conversation with E. Joynt Land Surveyor representative, the surveyor categorically denied receiving any payment from the Re/max. He actually said, Mr. Steve House as a big liar. Neither Mr. House nor Mr. Alan McLoughlin, an attorney appointed by Re/max Gateway in Walkerville to be conveyance in this matter, were able to provide me with the proof of payment to land surveyors. 2.4 Breach of the Agreement Contrary to the agreement signed and despite the fact that Steven Roger House, as a facilitator received R48,500.00 to perform the required services, he did not complete the process as per the requirements of the agreement. Steven House failed and/or neglected and/or refused to do the following as contained in the agreement: 2.4.1 A land-surveyor was appointed but the plans were never completed and/or submitted to Midvaal Council town planners office. 2.4. 2 No applications were filed with Midvaal Local Municipality by Re/max Gateway, I finally had to do the submission myself.

2.4.3 No applications have been made for clearance certificates; 2.4. No regular meetings have been held between myself (as the owner) and Re/max Gateway (as a facilitator) as contained in paragraph 4 of the agreement; 2.4. 5 Despite the agreement being signed more than 24 months ago, the subdivision and consolidations have neither been drawn up, nor applied for nor registered as undertaken by the Re/max Gateway as a facilitator in the agreement signed on 8th April 2009. 3. Conclusion Re/max Gateway has kept an amount of R48,500.00 even after failing to meet its part as a facilitator in the signed agreement. On 6 December 2010 a letter of demand was issued to Re/max Gateway asking Mr. Steve Roger House to return the money paid to Re/max Gateway but that letter has so far been ignored. This matter was reported to Estate Agency Affair Board (EAAB) in September 2010 but nothing was done. I, therefore hereby humbly submit that Re/max Gateway should refund the money, since there were no services rendered as agreed upon in the signed agreement.

. Makotoko Bernard Molapo 23rd October 2011