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Application lodged to liquidate Beyers Realty Group

Cape Town - Four former estate agents of Beyers Realty Group have lodged an application in the Western Cape High Court for the liquidation of the company.

According to Roux Potgieter of BM Attorneys, the application is on the roll for consideration on October 4 2016. The applicants are owed a total of about R430 000 in commission.

Potgieter told Fin24 on Friday that his clients are opting for liquidation because once a company has been liquidated, any creditor can request an inquiry into the financial affairs of Beyers Realty Group as well as the conduct of its directors.

"This will enable us to establish the full extent of misappropriation of trust funds, where those funds went to and hopefully place us in a position to recover those funds," said Potgieter.

Beyers Swanepoel Trollip confirmed on Friday that an application for liquidation of Beyers Realty Group (Pty) Ltd has been received.

"Chances are that I will be fighting the liquidation. I am addressing [the matter, which] is sub judice and I make no further comment on it as I respect the court’s process," he said.

"I am additionally requesting the EAAB (Estate Agency Affairs Board) to meet with me urgently in the interest of our sellers, buyers, tenants and landlords, all of whom are uppermost in my mind."

Beyers Swanepoel-Trollip said he acknowledges the commitment of agents and staff to the Beyers Group.

"I have spent a lifetime marketing and selling real estate. This is not what I wanted for Beyers Group. I apologise to all who are inconvenienced, and assure that I am in Cape Town doing my best to address the matter."

Beyers Swanepoel Trollip and his business partner and husband Leonard are the two directors of the company. Potgieter has also been instructed to lay criminal charges against both of them in their personal capacities. He confirmed that the Estate Agency Affairs Board (EAAB) is busy with its own investigation into Beyers Realty Group.

Potgieter alleged it is highly unlikely that Beyers Swanepoel Trollip had no knowledge of the misappropriation of trust funds, and that he (Potgieter) has evidence in his possession suggesting otherwise.

Beyers Swanepoel Trollip told Fin24 a week ago that he was shocked to discover that millions have "disappeared" from his trust account.

READ: Millions 'disappear' from Cape estate agency account

He has laid fraud charges with the police to establish what happened to his missing R6m. According to the police, no specific person was named in the charge.

Beyers Swanepoel Trollip has since the discovery of the missing millions proclaimed his innocence and ignorance. In a bid to allay clients' fears, Trollip told Fin24: "Basically I am turning to the media now, in order to assure my clients and the public at large that I am not running away. I did nothing wrong and the police are investigating the case.

"I did nothing wrong. I was never involved in any mismanagement of money. The police are investigating the matter.

"I have monies due in commissions and have also put my house up for sale to cover the missing amount. I will sort this out, save my business and restore its name," he said.

Beyers Swanepoel Trollip said he started the real estate business about three years ago and the company is  a 50/50 partnership between him and his spouse Leonard. The agency has branches all over Cape Town as well as the rest of South Africa, and employs about 100 people.

He said he was in charge of sales ecause of his extensive experience in the real estate business, while Leonard Swanepoel Trollip handled the financial side along with a team of four.

Last week Beyers Swanepoel Trollip told Fin24 that he could not get hold of Leonard, as rumours abound that he (Leonard) had left the country and was in Australia. There were even rumours that Beyers himself had also left the country.

This was denied by David Erleigh, attorney for Beyers Swanepoel Trollip, who assured Fin24 that his client is very firmly in Cape Town as well as the couple's baby daughter. According to Erleigh, Leonard Swanepoel Trollip had indeed left the country for Australia.

READ: Another fraud case pending at Beyers Realty Group

Erleigh said the results of an audit of the company's trust account, requested by Beyers Swanepoel Trollip, could be expected by the end of this week.

"My client has taken all the necessary and appropriate steps by notifying authorities that there is a problem in his company, and he instructed auditors to look into his trust account urgently. That is someone who is being a director taking reasonable steps about concerns about his company. He is addressing a possible problem," Erleigh said earlier this week.

Erleigh emphasised that his client is just following the law, and that the law requires certain steps.

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