South Africa Case Law

J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021)

J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021) [2024] ZAGPJHC 32 (15 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

38603/2021

Judge

M T Jordaan

The Court found that neither the first nor the second offer to purchase was accepted by the Sellers within the stipulated confirmation period or in an unqualified manner. The Seller’s indication of willingness to accept a higher price constituted a counter-offer and rejection of the original offer. The purported acceptance of the second offer included material alterations and deletions, amounting to a counter-offer rather than acceptance. As a result, no valid sale agreement came into existence between the Applicant and the Sellers. The Respondent was not entitled to retain the Buyer’s Premiu…

Source excerpt

• Contract Formation
• Sale Of Immovable Property
• Auction Law
• Deposit Refund
• Buyer S Premium

Karoo Wild Dienste (Pty) Ltd v Grieqwa-Land West Cooperative Limited and Others (141/2016)

Karoo Wild Dienste (Pty) Ltd v Grieqwa-Land West Cooperative Limited and Others (141/2016) [2022] ZANCHC 11 (4 March 2022)

Court

Northern Cape High Court, Kimberley

Case number

141/2016

Judge

Lever

The High Court refused leave to appeal after granting absolution, holding the plaintiff had not pleaded or proved a term making the auctioneer liable for buyers’ default.

• Absolution From The Instance
• Agency Contracts
• Specific Performance
• Auction Law
• Absolution-from-the-instance
• Auction-law

De Wet and Another v Sheriff, High Court, Cullinan and Others (29378/14)

De Wet and Another v Sheriff, High Court, Cullinan and Others (29378/14) [2014] ZAGPPHC 817 (13 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

29378/14

Judge

F G Preller

The High Court set aside a sheriff’s sale in execution, holding the sheriff should have stopped the auction when instructed to do so before bidding began.

• Sale In Execution
• Auction Law
• Consumer Protection Act
• Uniform Rules Of Court
• Sheriffs Act
• Sale-in-execution