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Broll Auctions and Sales (Pty) Ltd and Grobler and Another (4698/16) [2016] ZAWCHC 185 (17 November 2016)
The High Court dismissed Broll’s application for auction commission, finding material disputes of fact on causation, mandate breach, and settlement authority.
Wakefields Real Estate (Pty) Ltd v Baboolal and Another (9167/07) [2013] ZAKZDHC 71 (22 February 2013)
The court found that the plaintiff, through its agent Ms Real, was the effective cause of the sale of the defendants' property to the Rangappas. The Rangappas were introduced to the property during the plaintiff's sole and exclusive mandate, and their subsequent purchase was a direct result of this introduction. The fact that the sale was concluded at a lower price and after the mandate period did not negate the plaintiff's entitlement to commission, as the mandate expressly allowed for acceptance of a lesser amount and established that commission was payable if the plaintiff was the effectiv…
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