THE BOGUS “ESTATE AGENTS” AND “PRINCIPALS”

MARCO ACCOLLA : HE HAD BEEN FRAUDULENTLY OPERATING

AS AN ESTATE AGENT AND PRINCIPAL OF SOTHEBY’S BEREA

MICHELLE HING : SHE HAD BEEN FRAUDULENTLY OPERATING AS

AN ESTATE AGENT AND PRINCIPAL OF SOTHEBY’S BEREA

MARCO ACCOLLA and MICHELLE HING

THE FRAUDULENT ESTATE AGENTS AND PRINCIPALS Marco Accolla and Michelle Hing signed a Sale of Business agreement on 13th May

2016 to purchase a business known as “Sotheby’s Berea Franchise” from the

previous owner, Andrew Goodwin. The date they were to become the owners of the

business was 1st July 2016.

However, almost immediately upon the Agreement being signed in May, Accolla and

Hing started operating as “estate agents”. They openly advertised themselves as

“estate agents”, “principals” and “joint principals of Sotheby’s Berea”

Sale of Business : On 13th May 2016, Andrew Goodwin, the owner of the business

known as SOTHEBY’S BEREA, DURBAN, signed a Sale of Business Agreement

whereby he sold the business to Accolla and Hing for R1. The R1 was to be paid in

cash.

The Agreement states that ownership of the business would pass to the purchasers

on 1st July 2016.

Accolla and Hing started operating as Estate Agents and Joint Principals of

Sotheby’s Berea Branch from May 2016, as soon as they signed the Agreement

with Andrew Goodwin. This was prior to the take-over date indicated on the Sale

Agreement.

Prior to the take-over date, the website for the Sotheby’s Berea branch reflected

Accolla and Hing as the agents to contact for the properties being advertised. There

were about 30 properties on the books of the Sotheby’s Berea branch.

At the time of them purchasing the business, neither Accolla nor Hing observed the

requirements to become estate agents. They had not registered with the Estate

Agency Affairs Board, they were not in possession of Fidelity Fund Certificates, they

did not possess the educational qualifications and had not even registered for the

estate agents course. They were definitely not Principals either!

Background : In 2008 Accolla joined the owner of a very lucrative brand that had

been established 27 years prior to Accolla becoming associated with it. The brand

was very successful and it was for this reason that Accolla wished to be a part of it. A

separate new Close Corporation was formed with Accolla and the owner of the brand

and several stores were opened that emulated the already-successful model of the

existing boutiques. Accolla did not establish the brand, as he states in the write-up

about himself and Michelle Hing. He was associated with it from 2008 till 2014. In

2010, in order to assist the CC, the owner of the brand resigned as a temporary

measure from the CC. The 50% share was not sold to Accolla. Accolla was only

temporarily 100% member. When the time came for the owner of the brand to be

reinstated to 50% membership of the CC, Accolla refused and made unreasonable

demands, which were tantamount to blackmail. When his demands were not met,

Accolla fraudulently liquidated the CC in 2014. The popular and profitable

business that had flourished for 35 years was extinguished through his act of fraud.

Accolla stole R2.2million from the CC as well as R2.7million from his ex-partner. He

then ventured into the property business with this stolen money.

Michelle Hing worked as a saleslady for a small eastern-wear shop at Musgrave

Centre until shortly before meeting Accolla in early 2016. She has never had a

business of her own or any experience as an office administrator or staff motivator

as she states in the article below.

The following is a post on the internet (one of many) in which Accolla and Hing state

that they are “Real Estate Professional in Durban North”

This is what he stated in the above article : (spelling errors and grammatical errors are as in

article)

Real Estate Professional in Durban North, Kwazulu-Natal South Africa

Marcp An ambitious individual who qualified with a Bcompt degree through UNISA

and who commenced business streight out of school. After much success in the

South African retail Sector and establishing a leading house hold brand nationally in

ladies fashion, Marco decided retire from the retail sector to dabble in the property

market and began flipping property for himself. Through his innitiative in the

property market, the Sotheby’s opportunity presented itself and Marco took up the

offer and opportunity to become fully involved in the Durban real estate market.

MICHELLE An colourful and heart warming person, with her heart in the right place

for people. Michelle has years of experience in office administration and staff

motivation. Michelle decided to invest in property and after much success through

some of her own transactions, she decided to invest in a real estate company. In her

endeavours to secure a luxary brand for Durban, Michelle met Marco and they

decided to combine their efforts in driving the Sotheby’s brand in Durban.

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Accolla posted several articles on the internet under the Sotheby’s banner,

advertising himself and Hing as “estate agents”, “principals”, “joint principals”,

“real estate professionals” , “property experts” and “real estate associates”.

The above property on the Point Waterfront is owned by Accolla’s father and uncle.

Accolla and Hing not only listed themselves as “real estate professionals” in South

Africa on sites like Property24, SAHome Traders, Sotheby’s Realty, Private Property

and in local press adverts, they also listed themselves with Sotheby’s around the

world. They listed the property in Point Waterfront owned by Accolla’s father and

uncle on Sotheby’s international sites for almost R77 million (US$ 5 213 388).

They listed themselves as Sotheby’s agents and offered this and other properties for

sale on the following Sotheby’s International sites :

(1) Carribean - On the Sotheby’s Aruba site which services the ABC Islands of

Aruba, Bonaire and Curacao, which are islands off the coast of Venezuela:

(2) Chicago - On the Sotheby’s Jameson site which services the Chicago, USA;

(3) Puerto Rico – on Sotheby’s Puerto Rico web site;

(4) New York – on the New York Times.com website ;

(5) California – on the Randy Mack Sotheby’s Sonoma County website;

(6) California – on the Bay site which services the San Francisco Bay areas;

(7) Europe and USA – on the baysir.com/eng/sales International website

(8) Atlanta – on the Brendon Wright Sotheby’s Atlanta, Georgia website;

(9) Nashville - on the Lipman Group Sotheby’s Nashville Tennessee website;

(10) France – on the Sotheby’srealty.com/fra/ site – which is for France;

(11) Luxembourg – on the sothebysrealty.lu/eng/sales/durban-kw-zaf site;

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Accolla’s email stencil reflects him to be a “Sales Agent” as can be seen below.

Sotheby’s head office and those responsible for setting up the email and signatures

were therefore fully aware that Accolla was presenting himself as a “Sales Agent”.

The extract below is from the email sent to Sotheby’s Head Office from Accolla on

27th June, his email signature states that he is a “Sales Agent” and the email stencil

is the logo of Lew Geffen Sotheby’s International Realty.

NEIGHBOURHOOD MAGAZINE – 3rd JULY 2016

NEIGHBOURHOOD MAGAZINE 17th JULY 2016

In the Neighbourhood Magazine 3rd July 2016, Accolla and Hing are indicated as

being “JOINT PRINCIPALS LEW GEFFEN SOTHEBY’S INTERNATIONAL BEREA”

In the Neighbourhood Magazine 17th July 2016, Accolla and Hing are indicated as

being “PRINCIPALS LEW GEFFEN SOTHEBY’S INTERNATIONAL REALTY

BEREA”.

MARCO ACCOLLA MICHELLE HING

THE “INTERN ESTATE AGENT” “Estate Agent” & “Joint Principal”

In Affidavits dated 1st July 2016 and 29th September 2016, to the Durban High

Court, Accolla repeatedly claims that he is an “Intern Estate Agent”.

EXTRACTS FROM ACCOLLA’S AFFIDAVIT ON 1st JULY 2016

Note : Accolla states that he is an “intern estate agent employed by Sotheby’s”.

This is contrary to what he has advertised himself as, which is “Real Estate

Professional”; “Principal” and “Joint Principal”. In his write-up about himself and

Michelle Hing, Accolla labels himself as “Real Estate Professional”

Note : Accolla states that someone else is responsible for the various internet

postings.

It is a ridiculous statement as it is quite inconceivable that Sotheby’s, a company with

a world-wide reputation for excellence and an international network of 19 000 sales

associates in 845 offices over 63 countries would leave its website vulnerable to

fraudsters to manipulate and post false information about their agents.

It is inconceivable that Accolla and Hing would pose for a photograph for someone to

use with false postings about them. The information provided in the write-up under

the photograph could only have been posted by him.

EXTRACTS FROM XXXX’S AFFIDAVIT DATED 29th SEPTEMBER 2016

THE INTERNSHIP CONTRACT:

Accolla entered into an Internship Contract with Goodwin. He had not registered

with the EAAB as an intern estate agent so at the time of him entering into the

agreement, Accolla was not in possession of an Intern’s Fidelity Fund Certificate.

The issuing of an “Intern Fidelity Fund Certificate” is a pre-requisite to the

commencement of the Internship.

At the time that he was practising as an “estate agent” and “principal” he was not

even in possession of an “Intern Fidelity Fund Certificate” or any qualification

entitling him to offer and perform the services of an estate agent or principal, as he

had publicly advertised himself to be.

The following is a copy of a Print from the EAAB on 10 January 2017 confirming

that Accolla does not have a Valid Fidelity Fund Certificate.

ACCOLLA, ANDREW GOODWIN ....and the LETTER OF EMPLOYMENT

In support of his contention that he is an employee of Sotheby’s, Accolla produced a

LETTER OF EMPLOYMENT to the High Court allegedly signed between himself and

Andrew Goodwin.

Note : Andrew Goodwin confirms in an Affidavit that he did not sign this document.

The affidavit is in the possession of the SAPS.

The contract is between Goodwin (stated as the Principal) and Accolla

The contract commenced on 1st June 2016, but was allegedly only signed on 25th

June, which is co-incidentally the same day that the Internship Agreement was

signed.

Goodwin had already relocated to Johannesburg three weeks before the date this

contract was signed.

Goodwin was already in the employ of Sotheby’s Craighall Park branch in

Johannesburg from the first week of June and could therefore not act as a

“Principal” and employ Accolla in Durban.

Both Goodwin and Accolla were fully aware that they were not legally entitled to

enter into this contract as Goodwin was not in a position to employ any person -

firstly as he was not a principal as he was not in possession of a fidelity fund

certificate and secondly as he was absent from the agency.

Furthermore, neither Goodwin nor Accolla were in possession of Fidelity Fund

Certificates at the date of signing the Letter of Employment. As at January 2017,

Accolla was still not in possession of a Fidelity Fund Certificate.

Their entering into this contract is accordingly a contravention of the Estate Agency

Affairs Act 112 of 1976, and their contracts are not worth the paper they are written

on. It is however FRAUD....besides the FORGERY!

Suspicion about the authenticity of the Letter of Employment is created by :

- Reference is twice made to Accolla as “she” : (extract from the letter)-

Accolla will be paid 70% of the net commission from 1st June 2016,

1. Should she find a property for sale.

2. Should she find a buyer or seller.

3. The company details are incorrect

It is abundantly clear that the Employment Contract is a fabricated one as the

information used to compile it, is incorrect.

THE FORGED SIGNATURE ON THE LETTER OF EMPLOYMENT:

The signature purported to be that of Goodwin’s is markedly different from

his other signatures that appear on documents that he has signed with

Accolla and on other affidavits that he has recently deposed to. The

signature on the Letter of Employment is a forgery.

Below are 4 signatures of Andrew Goodwin’s placed in comparison to the forged

signature which is the encircled one.

Goodwin’s signatures are vastly different on these two documents even though they

were signed on the same day. Accolla’s signatures on these two documents are

consistent. There are no witnesses to the signing of the Employment Contract.

Michelle Hing, Accolla’s business partner, has signed as witness on the Internship

Agreement. As Michelle Hing was present for the signing of the Internship

Agreement, she could also have signed as a witness to the Letter of Employment as

its signing allegedly took place on the same day.

ANDREW GOODWIN :

He stated that he sold the business to Accolla and Hing and relocated to

Johannesburg. They were in possession of the business since 1st June 2016.

Goodwin was informed that an employment contract was presented to the High

Court , signed between himself and Accolla on 25th June in which it is stated that

Accolla will be paid 70% of the net commission from 1st June 2016. He immediately

reacted with “No, there is no ways that it would be 70%...”

Goodwin was also informed that there was an Internship Agreement between him

and Accolla, also signed on 25th June that had a commencement date of 1st July.

The Letter of Employment and the Internship Agreement were sent to Goodwin.

Goodwin reacted as follows: (with reference to the Letter of Employment)

“I definitely did not sign that. That is not my signature... it is wobbly..”

He admitted that he did sign the Internship contract as, in his words “that was to

keep them going cos Sotheby’s wanted me to stay on to act as principal for

them until they got their Fidelity Fund Certificate”

Searches on the EAAB Website, rendered the following results :

At the time of entering into this Internship Agreement, Goodwin was not in

possession of a valid Fidelity Fund Certificate

Goodwin entered into the Agreement in the capacity as “a Full Status Principal

Estate Agent holding a valid Fidelity Fund Certificate issued by the Estate

Agency Affairs Board “

Timeline :

end May – Goodwin relocates to Johannesburg;

10 June - Goodwin takes up employment with Sotheby’s Craighall Park branch;

25th June – Goodwin signs Internship contract with Accolla to commence 1st July;

10 October – Goodwin is in the employ of Chas Everitt

Goodwin was fully aware that he could not honour the internship contract. He had

already relocated to Johannesburg and was already in the employ of Sotheby’s.

Furthermore, Goodwin was not in possession of a valid Fidelity Fund Certificate and

could therefore not enter into a contract as a Principal.

EMAILS FROM THE CEO OF SOTHEBY’S ABOUT ACCOLLA:

- Lew Geffen Sotheby’s International is not the Accolla’s employer. This is

confirmed in an email from the CEO of Sotheby’s , Jason Rohde, in which he

states clearly that :

“Mr Accolla has no contract with Sotheby’s International Realty”

An email dated 27 June 2016 from the CEO of Lew Geffen Sotheby’s International

Realty follows

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Sotheby’s International Realty cancelled the Agreement they had concluded with

Sotheby’s Berea represented by Michelle Hing. It is obvious why Accolla was not a

contracting party to the Franchise Agreement with Sotheby’s even though the

R20 000 paid to Sotheby’s head office was paid from Accolla’s bank account.

It is also obvious that Sotheby’s were aware who the party was that they were

actually contracting with, which was Accolla.

Sotheby’s refunded the R20 000 to Accolla by EFT into Accolla’s account. That is

certainly evidence of who the actual party to the deal was.

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MISREPRESENTATION TO SELLER AND BUYER : In the first week of June,

Accolla and Michelle Hing fraudulently presented themselves as bona fide Estate

Agents to sellers and buyers of a property in Morningside, Durban.

Accolla and Michelle Hing handed them a business card reflecting that they were

representatives of Lew Geffen Sotheby’s International Realty, Berea office (The

SAPS investigating officer is now in possession of this business card). A copy of the

back and front of the business card appears below :

Based on the business card and the reputation of utmost integrity that the Sotheby’s

brand has created and upheld world-wide, the seller and buyer had no doubts as to

the credibility of the “agents” and accepted Accolla and Michelle Hing to be bona fide

estate agents.

Accolla and Michelle Hing sold the property and completed all the sale agreements

themselves, even though they were not legally entitled to.

The sale was concluded without the active supervision and control of a principal

estate agent. This is a contravention of Section 4(b) of the Standard of Training of

Estate Agents Regulations, 2008.

Under Section 34A of the Estate Agents Affairs Act 1976, neither Accolla nor

Michelle Hing is entitled to any remuneration in respect of this sale as they have not

been issued with Fidelity Fund Certificates. They have collected the commission on

the sale of this property in the capacity of estate agents.

Under Section 34B of the Estate Agents Act 1976, neither Accolla nor Michelle Hing

is permitted to draft or complete any documents relating to the sale of immovable

property as they have not completed the prescribed training to be an estate agent

nor are they in possession of Fidelity Fund Certificates as prescribed by law.

Accolla and Hing have therefore contravened Section 34A and Section 34B of the

Estate Agents Affairs Act.

They have utilised the goodwill created by the Sotheby’s International brand to

influence the buyers and sellers. By presenting themselves as fully-fledged agents

and principals of a “high-end” brand, they have misled the public. In their

advertisements in the press and on the internet, they make claims of being “part of

our extensive database of top real estate agents in South Africa” and “ Real Estate

Professionals”.

This is contrary to the Code of Conduct estate agents are expected to abide by and

is in fact fraudulent misrepresentations on their part to both buyers and sellers.

===============================================================

“OPERATING AN ESTATE AGENT WITHOUT A FIDELITY FUND CERTIFICATE”

, and “COMPLAINT IN TERMS OF THE EAAB ACT 112 OF 1976”

One of the letters from the Estate Agency Affairs Board to Accolla and Michelle Hing

states :

“It has come to the Board’s attention that you may have been acting in contravention

of the provisions of section 26(a) of Act 112 of 1976 (The Estate Agency Act) by

performing acts as an estate agent at a time when you had not been issued with a

valid fidelity fund certificate by the Estate Agency Affairs Board. We would in this

respect point out that pursuant to the provisions of section 26 of the Estate Agency

Affairs Act, no person is entitled to perform any acts as an estate agency unless and

until a valid fidelity fund certificate has been issued by the Board to such a person.”

“....and that only a full-status estate agent may operate as a principal”

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COMPLAINTS LODGED WITH THE ESTATE AGENTS AFFAIRS BOARD AND

THE SOUTH AFRICAN POLICE SERVICES:

Several complaints have been laid with the Estate Agents Affairs Board against

Accolla, Hing and Andrew Goodwin. The complaints are being investigated.

Two complaints have been lodged with the South African Police Services and

dockets have been opened. The SAPS are investigating.

===============================================================

The EAAB are to conduct an enquiry with Accolla and Michelle Hing in May 2017

===============================================================

MICHELLE HING : Age 45

Like her business partner Accolla, Michelle Hing has a propensity to perjure herself

and commit fraud. She lies in her Sotheby’s profile about her business experience.

She has lied several times about her residential address, even to the High Court in

an affidavit. She even lies about her race.

On 15th June 2016, when filling in a particular Application Form (extracts indicated

below), Michelle Hing places an X in the box to state that she is WHITE. Her father

was Chinese and her mother is Indian. That does not make her “WHITE”. If she was

unsure what she is, she could have placed an X in the “OTHER” block!

This is an indication of her dishonestly.

The handwriting on the application form is that of Accolla.

Once again, Michelle Hing states that her Residential Address is 61 South Ridge

Road, Durban, Apartment 1101. Michelle Hing has never resided there. This is the

apartment that Accolla purchased with the money that he stole.

Michelle Hing signs the Application Form after the clause which states : “By signing

this application, the applicant confirms that the information supplied is true, correct

and accurate”

These examples indicate her propensity to be dishonest.

ACCOLLA’S FACEBOOK POST 2 JANUARY 2017

Accolla took to facebook to try to explain to the public about various matters in which

he is involved, in particular the matter of his fraudulently acting as an estate agent

and principal.

Accolla says :

On enquiring with the Estate Agency Affairs Board, the following response was

received the next day:

Accolla HAS ONCE AGAIN LIED... to the public and in particular to his “facebook

friends” .

The matter is to be vented in the High Court soon.

The criminal charges are being investigated.

ON 2 MARCH 2017, THE EAAB STATES THAT ACCOLLA AND HING HAVE

BEEN CHARGED FOR OPERATING WITHOUT FFCs!

ACCOLLA submitted the following document to the High Court on 9 Feb 2017

This clearly states IMPROPER CONDUCT – Contravenes any provision of the

Code of Conduct referred to in section 8(B) or fails to comply with any such

provision. FILE CLOSED AS PER LEGAL MANAGERS INSTRUCTIONS.

TO BE CONTINUED.......