Dos Santos NO and Others v Aucor (Bloemfontein) (edms) Bpk and Another (2916/2010) [2012] ZAFSHC 8 (2 February 2012)

Dos Santos NO and Others v Aucor (Bloemfontein) (edms) Bpk and Another (2916/2010) [2012] ZAFSHC 8 (2 February 2012)

The court found that no valid sale contract was concluded between the trust and the second defendant because the seller accepted the offer one day after the prescribed period, causing the offer to lapse. There was no evidence that the trust condoned or ratified the late acceptance, nor that it accepted a counter-offer. The first defendant, as auctioneer, held the deposit in trust and was contractually obliged under clause 12 of the offer to refund the deposit when the sale was not confirmed. The agent's liability was established by the terms of the auction and the fact that the deposit was not paid over to the seller. The first defendant's conduct in persisting with an unsustainable...

Citation
[2012] ZAFSHC 8
Parties
Plaintiff: José Carlos Dos Santos N.O.; Plaintiff: Adriena Catharina Dos Santos N.O.; Plaintiff: Pieter Gideon Nagel N.O.; Defendant: Aucor (Bloemfontein) (Edms) Bpk; Defendant: JGPR Eiendomme (Edms) Bpk
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 February 2012
Case Number
2916/2010
Procedural Posture
Civil Action / Trial Judgment
Outcome
Judgment for the plaintiffs against the first defendant for refund of deposit, interest, and costs.
Judges
L J Lekale
Legal Topics
Auction Sale, Contract Formation, Late Acceptance, Agent Liability, Refund of Deposit
Land and Property Civil Procedure Auction Sale Contract Formation Late Acceptance Agent Liability Refund of Deposit

Case Brief

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Parties

José Carlos Dos Santos N.O.

Plaintiff

Adriena Catharina Dos Santos N.O.

Plaintiff

Pieter Gideon Nagel N.O.

Plaintiff

Aucor (Bloemfontein) (Edms) Bpk

Defendant

JGPR Eiendomme (Edms) Bpk

Defendant

Procedural Posture

Civil Action / Trial Judgment

Legal Issues

  1. 1 Whether a valid sale contract was concluded between the trust and the second defendant.
  2. 2 If no contract was concluded, which defendant is liable to refund the deposit paid by the trust.

Ratio Decidendi

The court found that no valid sale contract was concluded between the trust and the second defendant because the seller accepted the offer one day after the prescribed period, causing the offer to lapse. There was no evidence that the trust condoned or ratified the late acceptance, nor that it accepted a counter-offer. The first defendant, as auctioneer, held the deposit in trust and was contractually obliged under clause 12 of the offer to refund the deposit when the sale was not confirmed. The agent's liability was established by the terms of the auction and the fact that the deposit was not paid over to the seller. The first defendant's conduct in persisting with an unsustainable...

Court Disposition

Judgment for the plaintiffs against the first defendant for refund of deposit, interest, and costs.

Orders

  • First defendant to pay R270,000.00 to the plaintiffs.
  • First defendant to pay interest on R270,000.00 at the prescribed rate from 28 November 2008 to date of final payment.