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South Africa decisions
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Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)
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.
Pather v Wakefields Real Estate (Pty) Limited (AR82/2016) [2020] ZAKZPHC 16 (29 May 2020)
Appeal over commission for the sale of a house. The court found an oral mandate to the estate agent, held the agent was the effective cause, and dismissed the appeal with costs.
Chatiras t/a Angela Chatiras Attorneys v Snell; Chatiras t/a Angela Chatiras Attorneys v Snell (40542/16) [2018] ZAGPJHC 500 (13 July 2018)
High Court judgment for unpaid legal fees after oral and written mandates. Court rejected duress, prescription, and non-joinder defences, and awarded costs on an attorney-client scale.
Tiador 15 CC t/a Remax Independent Properties v Troskie (Junior) N.O and Others (3624/2014) [2016] ZAECGHC 59 (16 August 2016)
The High Court held that an estate agent was the effective cause of a land sale and was entitled to commission, and that the indemnity clause was enforceable.
Vorster NO v PM Security And Crime Prevention (Pty) Ltd T/A Hermanus (A313/2014) [2015] ZAWCHC 64 (20 May 2015)
Appeal dismissed: the court upheld dismissal of special pleas over estate-agent commission and held mediation was unnecessary where the Trust denied the contract.
Van Den Blink Properties CC v Erasmus N.O and Another (2557/2012) [2014] ZAFSHC 182 (26 August 2014)
The court found that the plaintiff was orally mandated to find a lessee for the defendant's property and executed this mandate by introducing SALGA, which ultimately leased the premises. Although the plaintiff's agent did not hold a valid Fidelity Fund certificate at the time of the initial mandate, the certificate was obtained before substantial work was performed and before the lease agreement was concluded. In line with Taljaard v TL Botha Properties, the absence of the certificate at the mandate's inception did not invalidate the contract, but commission could only be enforced once the ce…
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Tekenpraktyk CC v Erf 2720 Tzaneen (Pty) Ltd (20648/2012) [2013] ZAGPPHC 228 (2 August 2013)
The court found the plaintiff was the effective cause of the sale, but dismissed the commission claim because the pleaded basis for calculating commission was not proved.
Total Auctioneering Services and Sales CC t/a Consolidated Auctioneers v Transpaco Sheet Extrusion (Pty) Ltd t/a Terbo Plastics and Another (11226/2012) [2013] ZAGPJHC 182 (1 August 2013)
The High Court found the plaintiff failed to prove an oral mandate requiring acceptance of higher auction offers and dismissed its claim.
Chambers v Burger (EL 632/2009, ECD 2432/09) [2012] ZAECELLC 2 (9 March 2012)
The court found that the plaintiff's introduction of Mahanjana to the defendant's property initiated the department's internal processes, which ultimately led to the sale of the farm to the government. Despite the lapse of the initial agreement and the change in financing models from LRAD to PLAS, the causal chain remained unbroken, as the same beneficiary, price, and seller were involved throughout. The defendant's instructions not to revise the offer and his continued engagement with the plaintiff and her associate supported the finding that the plaintiff's actions were the predominant caus…
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Wakefields Real Estate (Pty) Ltd v Attree and Others (666/10) [2011] ZASCA 161; 2011 (6) SA 557 (SCA) (28 September 2011)
The SCA held that Wakefields was the effective cause of a property sale and entitled to commission, despite later involvement by another agent.
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