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South Africa Case Law

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Commercial And Corporate [2016] ZAGPJHC 45

Lushaka Investments (Pty) Ltd v JHI Properties (Pty) Ltd (A5085/2014)

Lushaka Investments (Pty) Ltd v JHI Properties (Pty) Ltd (A5085/2014) [2016] ZAGPJHC 45 (31 March 2016)

The court held that the agent was not entitled to commission because it had not introduced the purchaser, but it was entitled to damages for prevention of performance.

  • Exclusive Mandate
  • Commission Entitlement
  • Breach Of Contract
  • Prevention Of Performance
  • Damages Quantification
  • Exclusive-mandate
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Commercial And Corporate [2012] ZAWCHC 236

A & B Herbert CC t/a Herbert Properties v Dick (59/2010)

A & B Herbert CC t/a Herbert Properties v Dick (59/2010) [2012] ZAWCHC 236 (14 December 2012)

The court dismissed an estate agent’s claim for commission and damages, holding that the plaintiff failed to prove it introduced the buyer or was the effective cause of the sale.

  • Estate Agent Commission
  • Exclusive Mandate
  • Effective Cause
  • Breach Of Contract
  • Repudiation
  • Sale Of Immovable Property
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Land And Property [2011] ZAWCHC 248

De Villiers en Anders v Dedre De Jager t/a Remax Property Eperts, Stilbaai (A611/2010)

De Villiers en Anders v Dedre De Jager t/a Remax Property Eperts, Stilbaai (A611/2010) [2011] ZAWCHC 248 (31 May 2011)

The High Court dismissed an appeal over estate agent commission, finding the agent was the effective cause of the sale under an exclusive mandate and held valid certification.

  • Estate Agency Commission
  • Exclusive Mandate
  • Contract Breach
  • Effective Cause
  • Fidelity Fund Certificate
  • Estate-agent-commission
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Commercial And Corporate [2010] ZAWCHC 534

Fishof 1207 CC v Rapiddough Properties 459 CC (8763/07)

Fishof 1207 CC v Rapiddough Properties 459 CC (8763/07) [2010] ZAWCHC 534 (8 November 2010)

The court held that the plaintiff was entitled to commission, VAT, interest, and costs after the defendant sold properties during an exclusive mandate.

  • Estate Agent Commission
  • Exclusive Mandate
  • Principal Agent Relationship
  • Effective Cause
  • Contractual Liability
  • Estate-agent-commission
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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.