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South Africa Case Law

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Delict [2011] ZAWCHC 258

Rabson v Lance Real Estate CC and Another (3762/2008)

Rabson v Lance Real Estate CC and Another (3762/2008) [2011] ZAWCHC 258 (8 June 2011)

Court
Western Cape High Court, Cape Town
Case number
3762/2008
Judge
Koen AJ

The court found that the agent made material and fraudulent misrepresentations to the plaintiff regarding the price and status of unit 703, inducing the plaintiff to contract at a higher price. The agent concealed the prior sale to Dr Lazard and the true developer price of R3.1 million, instead representing the price as R3.9 million. The developer was held vicariously liable for the agent's misrepresentations, in line with established authority. The appropriate measure of damages was the difference between the price paid and the true price, plus increased transfer costs. The claim for additio…

Source excerpt

  • Fraudulent Misrepresentation
  • Vicarious Liability
  • Estate Agent Liability
  • Damages Calculation
  • Sectional Title Sale
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Land And Property [2006] ZAGPHC 109

Just Names Properties 11 CC and Another v Fourie and Others (04/28922)

Just Names Properties 11 CC and Another v Fourie and Others (04/28922) [2006] ZAGPHC 109; 2007 (3) SA 1 (W) (17 May 2006)

Court
High Courts - Gauteng
Case number
04/28922
Judge
M Jajbhay

The court found that the defendants signed two blank pages which were later completed by the estate agent, resulting in a document that did not contain all essential terms at the time of signature. This conduct failed to comply with section 2(1) of the Alienation of Land Act, which requires that all material terms be in writing and signed by the parties. The court rejected the plaintiffs' argument that subsequent completion or alteration before acceptance could cure the defect, distinguishing the facts from Menelaou v Gerber and Others. The court accepted the defendants' version as credible a…

Source excerpt

  • Alienation Of Land Act
  • Formalities Of Contract
  • Invalidity Of Sale
  • Estate Agent Liability
  • Misrepresentation
  • Contractual Certainty
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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.