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South Africa decisions
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Neumann v Edelstein Farber Grobler Inc (66161/2012) [2025] ZAGPPHC 92 (5 February 2025)
The court held that the plaintiff was entitled to commission for the SARS-Eskom lease and set out a calculation method, reserving damages issues for later.
K Seven Investments CC v Anchorprops 162 (Pty) Ltd and Others (1783/2022) [2024] ZAWCHC 293 (8 October 2024)
The High Court dismissed K Seven Investments CC’s claim for a fee, holding it acted as an estate agent without the required fidelity fund certificate.
BC Funding Solution (Pty) Limited v Estate Agency Affairs Board (006468-2023) [2024] ZAGPJHC 242 (7 March 2024)
Summary judgment was refused in a claim under the Estate Agency Affairs Act because the alleged entrustment of funds and trust-money status raised a triable issue.
Zwane v RZT Zelpy 4695 CC t/a Remax Central (A133/2022) [2023] ZAGPPHC 1979 (28 November 2023)
Appeal dismissed in an estate-agent commission dispute. The High Court held the agent was the effective cause of the lease and that alleged mandate termination did not defeat commission.
PKX Capital (Pty) Ltd v Isago at N12 Development (Pty) Ltd (87615/2019) [2023] ZAGPPHC 646 (7 August 2023)
The court held that the 2017 agreement was not superseded, but PKX failed to prove payment entitlement under that agreement, so its claim was dismissed.
Estate Agency Affairs Board of South Africa and Another v Krug (2019/40670) [2023] ZAGPJHC 416 (3 May 2023)
The court found that the applicants were properly served and had notice of the review proceedings but elected not to participate. The review application was correctly brought under Uniform Rule 53, and there was no apparent dispute of fact at the time. The applicants' defences regarding prescription and compliance with statutory notice requirements were without merit, as the respondent lodged his claim within the prescribed period and provided written notice as required by section 18(3) of the Estate Agency Affairs Act. The payment made by the respondent was not excluded from reimbursement un…
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SZC Investments (Pty) Ltd v Swindon Property Services (Pty) Ltd (7909/21P) [2022] ZAKZPHC 63 (27 October 2022)
The High Court upheld an exception to a claim for estate agents commission, holding the pleaded fidelity fund certificate did not satisfy the Act.
Mtuba Hardware CC v Gold Reward 120 CC t/a Remax Marine and Another (8145/2020P) [2022] ZAKZPHC 42 (1 September 2022)
The High Court held that a claimant estate agency without a valid fidelity fund certificate at the time of sale was not entitled to commission.
Werner Stander Development CC v Aquaculture Engineering and Another (30511/2020) [2022] ZAGPPHC 536 (25 July 2022)
High Court exception to a counterclaim upheld for vagueness and lack of averments, with leave to amend granted.
Bianca Properties (Pty) Ltd v Mogomana (A113/2019) [2021] ZAGPPHC 606 (17 September 2021)
The court held that the respondent's claim for commission arises from acts performed as an estate agent, as defined in section 1 of the Estate Agency Affairs Act. The respondent was employed by the appellant and performed property transactions without possessing a valid fidelity fund certificate. Section 34A(2) of the Act precludes any person employed as an estate agent from claiming remuneration for such acts unless a valid certificate has been issued. The court agreed with the Full Court in Warren Jack Property Brokers CC v Venter that section 34A applies to agreements between estate agents…
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