South Africa Case Law

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

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023) [2024] ZAWCHC 426 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

7118/2023

Judge

Parker

The High Court held that RE/MAX Living was the effective cause of a property sale and ordered the sellers to pay its commission, despite later involvement by another agent.

• Estate Agent Commission
• Effective Cause
• Joint Mandate
• Contractual Interpretation
• Sale Of Immovable Property
• Estate-agent-commission

Golden Rewards 120 CC t/a Remax Marine v M3 Holdingd (Pty) Ltd (D42/2019)

Golden Rewards 120 CC t/a Remax Marine v M3 Holdingd (Pty) Ltd (D42/2019) [2024] ZAKZDHC 22 (10 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D42/2019

Judge

Sipunzi AJ

The court found that while no express agreement on commission was reached, the conduct of the parties, the written mandate, and subsequent communications established an implied contract entitling the plaintiff to reasonable remuneration. The plaintiff was the effective cause of the lease agreement, having introduced the tenant and facilitated negotiations. The defendant's own communications reflected awareness of the customary commission rate in the Richards Bay area. The expert evidence of Mrs Van der Vlies was accepted as credible and relevant, establishing the applicable commission structu…

Source excerpt

• Estate Agent Commission
• Implied Contract
• Unjust Enrichment
• Customary Trade Usage
• Expert Evidence

Van Reenen and Another v Heidi Homes (Pty) Ltd (A80/2023)

Van Reenen and Another v Heidi Homes (Pty) Ltd (A80/2023) [2024] ZAGPPHC 408 (23 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

A80/2023

Judges

Windell, R Mkhabela

The High Court upheld an appeal against summary judgment, finding the appellants had disclosed a bona fide defence about the terms of an estate agent’s mandate.

• Summary Judgment
• Estate Agent Commission
• Specific Performance
• Contractual Mandate
• Summary-judgment
• Estate-agent-commission

Gilfillan v Renico Construction (Pty) Ltd (36734/2021)

Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

36734/2021

Judge

Holland-Muter

The High Court held that the plaintiff earned an estate-agent commission of R450,000 after introducing the property and securing the sale, with no proved term delaying payment until transfer.

• Estate Agent Commission
• Oral Mandate
• Contractual Liability
• Tacit Terms
• Costs Award
• Effective Cause

Property Knight (Pty) Ltd v van Niekerk and Others (A220/2023)

Property Knight (Pty) Ltd v van Niekerk and Others (A220/2023) [2024] ZAWCHC 30 (7 February 2024)

Court

Western Cape High Court, Cape Town

Case number

A220/2023

Judges

M Adhikari, AG Binns-Ward

The High Court dismissed an appeal over entitlement to estate agent commission, holding the sale agreement clearly entitled VR Group to payment.

• Estate Agent Commission
• Contract Interpretation
• Interpleader Proceedings
• Estate-agent-commission
• Contract-interpretation
• Interpleader-proceedings

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17)

Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17) [2023] ZAKZPHC 95 (22 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AT638/17

Judges

Henriques, Mlaba

High Court appeal over estate agent commission dismissed. The court held the agreement was binding, the amended commission clause caused no prejudice, and no iustus error was proved.

• Estate Agent Commission
• Alienation Of Land Act
• Caveat Subscriptor
• Stipulatio Alteri
• Misrepresentation
• Iustus Error

Evoke Reality (Pty) Ltd v Augustine and Others (2023/81925)

Evoke Reality (Pty) Ltd v Augustine and Others (2023/81925) [2023] ZAGPJHC 985 (4 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/81925

Judge

Moorcroft

Urgent application for an anti-dissipatory interdict dismissed because the applicant failed to show a prima facie right to commission or any asset-dissipation risk.

• Interim Interdict
• Anti Dissipatory Interdict
• Estate Agent Commission
• Mandate
• Prima Facie Right
• Interim-interdict

Bluegrass Trading 1112 CC t/a Rawson Properties v Ramsern and Another (39592/2019)

Bluegrass Trading 1112 CC t/a Rawson Properties v Ramsern and Another (39592/2019) [2021] ZAGPJHC 753 (30 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

39592/2019

Judge

N.J. Graves

The applicant failed to prove the validity of the sale agreement, as Mrs Robinson did not sign in her capacity as executor and the necessary formalities under the Alienation of Land Act were not satisfied. Even if the agreement were valid, the applicant did not establish that the respondents were in default following proper written notice from the seller as required by clause 22 of the sale agreement. No such notice was given, and the applicant, as agent, could not unilaterally enforce commission against the respondents. The alleged misrepresentation regarding the NHBRC certificate was not pr…

Source excerpt

• Estate Agent Commission
• Alienation Of Land Act
• Contractual Notice Requirement
• Misrepresentation
• Stipulatio Alteri
• Motion Proceedings Onus

Property One Shop CC t/a Remax Kalahari v Snyman N.O and Others (493/2017)

Property One Shop CC t/a Remax Kalahari v Snyman N.O and Others (493/2017) [2021] ZANCHC 3 (8 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

493/2017

Judge

Van Tonder, AJ

The court found that the plaintiff was mandated by the trust to sell the farms, as evidenced by correspondence, negotiations, and the terms of the first sale agreement, which expressly provided for payment of commission. The trust's conduct and communications confirmed the mandate and the intention to pay commission. The plaintiff was the effective cause of the sale, having introduced the purchaser and facilitated negotiations, and the subsequent sale was substantially similar to the initial transaction, involving the same properties with minor changes. The defendants failed to discharge the…

Source excerpt

• Estate Agent Commission
• Mandate
• Effective Cause
• Trustee Authority
• Sale Of Immovable Property