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Blogs

In last week’s post, I discussed some of the important nuances between the common law of agency and the law relating to real estate agency.  In our common law, the client gives a mandate to the agent.  However, in real estate, the client gives a...

I have had some interesting questions from real estate principals over the last few weeks regarding mandates.  If a client, let us say a seller, signs a mandate with a property practitioner (PP), who holds the mandate?  The property practitioner or their agency?  This obviously...

Last week we discussed the case of Taljaard v Botha Properties. In summary, an estate agent took a mandate from a client to market and sell their property, but at the time of taking the mandate, the estate agent did not hold a valid Fidelity...

What happens when a Property Practitioner (PP) does not hold a valid FFC, signs a mandate with a client, sells the property and gets paid the commission due?  Is the PP entitled to keep the commission?  The case of Taljaard v Botha Properties is most...

In this week’s post, we discuss the very interesting case of Daphne Chuma v Bondcor (Pty) Ltd, Werner Serfontein and Standard Bank of South Africa Ltd. The facts of the case were as follows: On 4 August 2017 the plaintiff (Ms Chuma) and the first defendant (Bondcor),...

Last week we were discussing the case of Golden Rewards 120 CC t/a Remax Marine v M3 Holdings (Pty) Ltd.  Please read last week’s post for more details.  In simple terms, Remax Marine introduced a tenant to a landlord, but did not have a signed...