South Africa Case Law

Eileen Louvert Real Estate (Pty) Ltd. v AFC Property Development Co (Pty) Ltd. (462/1987)

Eileen Louvert Real Estate (Pty) Ltd. v AFC Property Development Co (Pty) Ltd. (462/1987) [1989] ZASCA 22; [1989] 2 All SA 290 (A) (23 March 1989)

Court

Supreme Court of Appeal

Case number

462/1987

Judges

Van Heerden, Grosskopf, Nicholas

The Supreme Court of Appeal held that the written agreement between the parties conferred a sole and exclusive mandate to the appellant to sell the properties, and provided that commission would be payable even if the respondent sold the properties itself or through another agent during the mandate period. The mandate was not granted for a specific period, and the agreement did not entitle the respondent to terminate it summarily. In accordance with the general rule applicable to agreements of unspecified duration, the respondent could only terminate the agreement on reasonable notice. The re…

Source excerpt

• Estate Agency Mandate
• Sole Agency
• Commission Entitlement
• Contract Termination
• Reasonable Notice

Firs Investment Ltd v Levy Bros Estates (Pty) Ltd (257/82)

Firs Investment Ltd v Levy Bros Estates (Pty) Ltd (257/82) [1984] ZASCA 20; [1984] 2 All SA 211 (A) ; 1984 (2) SA 881 (A) (22 March 1984)

Court

Supreme Court of Appeal

Case number

257/82

Judges

Rabie, Kotzé, Joubert, Trengove, Smuts

The court held that a sole irrevocable mandate to sell property was exclusive and its premature revocation was a breach of contract, entitling the agent to damages.

• Estate Agency Mandate
• Breach Of Contract
• Commission Entitlement
• Authority To Sell
• Repudiation
• Estate-agency-mandate