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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 304

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023) [2025] ZAWCHC 304 (2 July 2025)

Court
Western Cape High Court, Cape Town
Case number
7118/2023
Judge
Parker

The High Court refused leave to appeal, finding no reasonable prospects of success on issues about effective cause, the mandate, or costs.

  • Leave To Appeal Threshold
  • Estate Agent Commission
  • Effective Cause Of Sale
  • Contractual Interpretation
  • Motion Proceedings
  • Costs Order
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Civil Procedure [2020] ZAKZDHC 50

LT Real Estate CC t/a Maxprop Tongaat v Venketsamy (AR42/2018)

LT Real Estate CC t/a Maxprop Tongaat v Venketsamy (AR42/2018) [2020] ZAKZDHC 50 (9 October 2020)

Court
Kwazulu-Natal High Court, Durban
Case number
AR42/2018
Judges
Chetty, Vahed

The court found that the appellant had failed to comply with multiple procedural requirements for prosecuting the appeal, including late delivery of the notice of appeal, failure to apply for a hearing date within the prescribed period, and late delivery of the appeal record. The explanation for the delay was inadequate, lacking detail and failing to cover the entire period. The appellant's conduct, including the offer to pay taxed costs after judgment, was inconsistent with an intention to appeal and amounted to peremption of the right to appeal. The application for condonation was not suppo…

Source excerpt

  • Condonation For Late Appeal
  • Peremption Of Appeal Right
  • Estate Agent Commission
  • Effective Cause Of Sale
  • Magistrates Court Rules
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Commercial And Corporate [2017] ZAGPJHC 328

Dorfman and Another v Kimberley House Jewellers (Pty) Ltd and Another (19253/2016)

Dorfman and Another v Kimberley House Jewellers (Pty) Ltd and Another (19253/2016) [2017] ZAGPJHC 328 (10 October 2017)

Court
South Gauteng High Court, Johannesburg
Case number
19253/2016
Judge
P.A. Meyer

The court held that estate agents who introduced the buyer and facilitated the sale were the effective cause of the transaction and entitled to commission.

  • Estate Agency Commission
  • Implied Contract Of Agency
  • Effective Cause Of Sale
  • Reasonable Remuneration
  • Customary Rate Of Commission
  • Estate-agency-commission
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Commercial And Corporate [2017] ZAFSHC 63

Warren Farms CC v Ferreira N.O. and Another (352/2015)

Warren Farms CC v Ferreira N.O. and Another (352/2015) [2017] ZAFSHC 63 (10 May 2017)

Court
Free State High Court, Bloemfontein
Case number
352/2015
Judge
Chesiwe, AJ

The court held that the estate agent was the effective cause of the farm sale and awarded commission, despite the defendants’ reliance on expiry of the sole mandate.

  • Estate Agency Affairs Act
  • Commission Entitlement
  • Effective Cause Of Sale
  • Contractual Interpretation
  • Sole Mandate
  • Tacit Terms
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Commercial And Corporate [2016] ZAWCHC 185

Broll Auctions and Sales (Pty) Ltd and Grobler and Another (4698/16)

Broll Auctions and Sales (Pty) Ltd and Grobler and Another (4698/16) [2016] ZAWCHC 185 (17 November 2016)

Court
Western Cape High Court, Cape Town
Case number
4698/16
Judge
Le Grange

The High Court dismissed Broll’s application for auction commission, finding material disputes of fact on causation, mandate breach, and settlement authority.

  • Estate Agency Commission
  • Effective Cause Of Sale
  • Sole And Exclusive Mandate
  • Motion Proceedings
  • Authority Of Agent
  • Estate-agency-commission
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Commercial And Corporate [2014] ZAGPPHC 336

Samtoy CC v Haffenden Groves (Pty) Ltd (49507/12)

Samtoy CC v Haffenden Groves (Pty) Ltd (49507/12) [2014] ZAGPPHC 336 (14 April 2014)

Court
North Gauteng High Court, Pretoria
Case number
49507/12
Judge
Makhubele AJ

High Court judgment on estate agent commission and effective cause of sale, finding the plaintiff’s marketing efforts led to the sale and awarding R660,000.

  • Estate Agent Commission
  • Effective Cause Of Sale
  • Oral And Written Mandate
  • Introduction Of Purchaser
  • Contractual Terms
  • Fidelity Fund Certificate
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Commercial And Corporate [2013] ZAKZDHC 71

Wakefields Real Estate (Pty) Ltd v Baboolal and Another (9167/07)

Wakefields Real Estate (Pty) Ltd v Baboolal and Another (9167/07) [2013] ZAKZDHC 71 (22 February 2013)

Court
Kwazulu-Natal High Court, Durban
Case number
9167/07
Judge
Mbatha

The court found that the plaintiff, through its agent Ms Real, was the effective cause of the sale of the defendants' property to the Rangappas. The Rangappas were introduced to the property during the plaintiff's sole and exclusive mandate, and their subsequent purchase was a direct result of this introduction. The fact that the sale was concluded at a lower price and after the mandate period did not negate the plaintiff's entitlement to commission, as the mandate expressly allowed for acceptance of a lesser amount and established that commission was payable if the plaintiff was the effectiv…

Source excerpt

  • Estate Agent Commission
  • Effective Cause Of Sale
  • Sole And Exclusive Mandate
  • Introduction Of Purchaser
  • Contractual Performance
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Commercial And Corporate [2012] ZAECELLC 2

Chambers v Burger (EL 632/2009, ECD 2432/09)

Chambers v Burger (EL 632/2009, ECD 2432/09) [2012] ZAECELLC 2 (9 March 2012)

Court
Eastern Cape High Court, East London Local Court
Case number
EL 632/2009, ECD 2432/09
Judge
Hartle

The court found that the plaintiff's introduction of Mahanjana to the defendant's property initiated the department's internal processes, which ultimately led to the sale of the farm to the government. Despite the lapse of the initial agreement and the change in financing models from LRAD to PLAS, the causal chain remained unbroken, as the same beneficiary, price, and seller were involved throughout. The defendant's instructions not to revise the offer and his continued engagement with the plaintiff and her associate supported the finding that the plaintiff's actions were the predominant caus…

Source excerpt

  • Estate Agents Commission
  • Effective Cause Of Sale
  • Land Reform
  • Oral Mandate
  • Causality In Contract
  • Land Reform Provision Of Land And Assistance Act
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Commercial And Corporate [2011] ZASCA 161

Wakefields Real Estate (Pty) Ltd v Attree and Others (666/10)

Wakefields Real Estate (Pty) Ltd v Attree and Others (666/10) [2011] ZASCA 161; 2011 (6) SA 557 (SCA) (28 September 2011)

Court
Supreme Court of Appeal
Case number
666/10
Judges
Navsa, Lewis, Ponnan, Mhlantla, Wallis

The SCA held that Wakefields was the effective cause of a property sale and entitled to commission, despite later involvement by another agent.

  • Estate Agent Commission
  • Effective Cause Of Sale
  • Oral Mandate
  • Remuneration
  • Costs Order
  • Estate-agent-commission
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Commercial And Corporate [2011] ZAGPPHC 58

Elbie Eiendomme CC t/a El Madre Properties v Ryton Estates (Pty) Ltd (51863/08)

Elbie Eiendomme CC t/a El Madre Properties v Ryton Estates (Pty) Ltd (51863/08) [2011] ZAGPPHC 58 (15 April 2011)

Court
North Gauteng High Court, Pretoria
Case number
51863/08
Judge
N Ranchod

High Court held that an estate agent’s mandate was confirmed and that its efforts were the effective cause of the sale, entitling it to commission.

  • Estate Agent Commission
  • Effective Cause Of Sale
  • Mandate
  • Contractual Liability
  • Estate-agent-commission
  • Effective-cause-of-sale
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.