South Africa Case Law

Shaw v Vertue and Others (5217/2019)

Shaw v Vertue and Others (5217/2019) [2020] ZAWCHC 195 (7 December 2020)

Court

Western Cape High Court, Cape Town

Case number

5217/2019

Judge

Fortuin

The court found that the purchaser's obligation under the deed of sale was to pay the full purchase price to the seller in cash against transfer. The conveyancer was appointed by the purchaser and there was no evidence of a mandate from the seller authorising the conveyancer to act as his agent for receipt of payment. Payment into the conveyancer's trust account did not discharge the purchaser's obligation to the seller, especially since the funds were paid into a fraudulent account due to the conveyancer's error. The purchaser's defence that she was not liable was rejected, as the deed of sa…

Source excerpt

• Sale Of Immovable Property
• Mandate And Agency
• Payment Obligation
• Role Of Conveyancer
• Security For Purchase Price

Nortje v Fakie (AR643/10)

Nortje v Fakie (AR643/10) [2011] ZAKZPHC 15; 2013 (1) SA 577 (KZP) (7 April 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR643/10

Judges

Swain, Booyens

High Court held the conveyancer, not the seller’s attorney, had to give Clause 12 mora notice. The alternative delict claim also failed.

• Contractual Notice Requirements
• Mora Interest
• Role Of Conveyancer
• Delictual Liability
• Breach Of Contract
• Contract-interpretation