Erasmus and Another v Verna Van Den Blink Properties CC (2557/2012) [2014] ZAFSHC 195 (30 October 2014)

Erasmus and Another v Verna Van Den Blink Properties CC (2557/2012) [2014] ZAFSHC 195 (30 October 2014)

The court found that the trial judge's interpretation of the Estate Agency Affairs Act, specifically regarding the timing and entitlement to commission in relation to the possession of a Fidelity Fund Certificate, was questionable. The Act stipulates that entitlement to remuneration depends on the agent holding a valid certificate at the time of performing the relevant acts. In this case, Snyman performed some acts before and some after obtaining the certificate. The trial court did not address whether partial commission could be claimed for services rendered after the certificate was obtained. The judge concluded that there is a reasonable possibility that a court of appeal may reach a...

Citation
[2014] ZAFSHC 195
Parties
Applicant: Abel Hendrik Erasmus N.O.; Applicant: Abel Hendrik Erasmus Jnr N.O.; Respondent: Verna Van Den Blink Properties CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 October 2014
Case Number
2557/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Granting Estate Agent Commission
Outcome
Leave to appeal to the Full Bench of the Free State High Court is granted.
Judges
Jordaan
Legal Topics
Estate Agency Affairs Act, Fidelity Fund Certificate, Leave to Appeal, Commission Entitlement
Commercial and Corporate Civil Procedure Estate Agency Affairs Act Fidelity Fund Certificate Leave to Appeal Commission Entitlement

Case Brief

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Parties

Abel Hendrik Erasmus N.O.

Applicant

Abel Hendrik Erasmus Jnr N.O.

Applicant

Verna Van Den Blink Properties CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Granting Estate Agent Commission

Legal Issues

  1. 1 Whether the plaintiff, a close corporation, was entitled to commission without holding a Fidelity Fund Certificate in its own name.
  2. 2 Whether the estate agent Snyman's lack of a valid Fidelity Fund Certificate at the time of accepting the mandate disentitled the plaintiff to commission.
  3. 3 Whether commission can be claimed for services rendered before the agent obtained the necessary certificate.

Ratio Decidendi

The court found that the trial judge's interpretation of the Estate Agency Affairs Act, specifically regarding the timing and entitlement to commission in relation to the possession of a Fidelity Fund Certificate, was questionable. The Act stipulates that entitlement to remuneration depends on the agent holding a valid certificate at the time of performing the relevant acts. In this case, Snyman performed some acts before and some after obtaining the certificate. The trial court did not address whether partial commission could be claimed for services rendered after the certificate was obtained. The judge concluded that there is a reasonable possibility that a court of appeal may reach a...

Court Disposition

Leave to appeal to the Full Bench of the Free State High Court is granted.

Orders

  • Leave to appeal is granted to the Full Bench of this division.
  • The costs of this application shall be costs in the appeal.