Smith v Matala (208/2003)
Smith v Matala (208/2003) [2004] ZAFSHC 127 (2 September 2004)
The appellant acted as an estate agent as defined in the Estate Agency Affairs Act 112 of 1976 and was not in possession of a valid fidelity fund certificate at the time of the transaction. The payment claimed constituted commission for estate agency services. In terms of section 34A of the Act, the appellant was not entitled to any remuneration or payment for such services without a valid certificate. The respondent was entitled to raise the absence of the certificate as a defence, and minor discrepancies in pleadings did not prejudice the appellant. The magistrate was correct in dismissing…
Source excerpt
- Estate Agency Regulation
- Commission Entitlement
- Fidelity Fund Certificate
- Pleadings And Evidence