Beula Best h/a Beula Best Eiendomme v Norewan Investments (Emds) Bpk (4380/2007) [2009] ZAFSHC 89 (25 September 2009)

Beula Best h/a Beula Best Eiendomme v Norewan Investments (Emds) Bpk (4380/2007) [2009] ZAFSHC 89 (25 September 2009)

The court found that although Gavin Burls was responsible for the initial introduction of VKB to the property, his involvement ceased and the transaction stalled for a significant period. The plaintiff's subsequent efforts, including renewed contact, provision of updated plans, and persistent engagement with VKB officials, were the decisive factors that revived VKB's interest and led to the sale. The plaintiff's warning to VKB about the impending auction was the catalyst for the finalization of the transaction. The court held that the plaintiff was the effective cause of the sale and entitled to the agreed commission on the actual sale price, not merely the price mentioned in the mandate.

Citation
[2009] ZAFSHC 89
Parties
Plaintiff: Beula Best h/a Beula Best Eiendomme; Defendant: Norewan Investments (Edms) Bpk
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 September 2009
Case Number
4380/2007
Procedural Posture
Civil Trial / First Instance
Outcome
Plaintiff's claim succeeds; judgment granted against the defendant for commission and costs.
Judges
C B Cillié
Legal Topics
Estate Agency Commission, Effective Cause of Sale, Mandate, Sale of Immovable Property
Commercial and Corporate Land and Property Estate Agency Commission Effective Cause of Sale Mandate Sale of Immovable Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Beula Best h/a Beula Best Eiendomme

Plaintiff

Norewan Investments (Edms) Bpk

Defendant

Procedural Posture

Civil Trial / First Instance

Legal Issues

  1. 1 Who was the effective cause of the sale of Erf 3512, Bethlehem, by the defendant to Vrystaat Koöp Beperk.
  2. 2 Is the plaintiff entitled to commission on the sale as the effective cause.
  3. 3 Was the plaintiff properly mandated to find a purchaser.

Ratio Decidendi

The court found that although Gavin Burls was responsible for the initial introduction of VKB to the property, his involvement ceased and the transaction stalled for a significant period. The plaintiff's subsequent efforts, including renewed contact, provision of updated plans, and persistent engagement with VKB officials, were the decisive factors that revived VKB's interest and led to the sale. The plaintiff's warning to VKB about the impending auction was the catalyst for the finalization of the transaction. The court held that the plaintiff was the effective cause of the sale and entitled to the agreed commission on the actual sale price, not merely the price mentioned in the mandate.

Court Disposition

Plaintiff's claim succeeds; judgment granted against the defendant for commission and costs.

Orders

  • Defendant is ordered to pay the plaintiff the sum of R249,056.60 as commission.
  • Defendant is ordered to pay mora interest on the commission amount.