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...
In the last two weeks, we have discussed the case of Taljaard v Botha Properties. This case dealt with an estate agent who took a mandate from a client to market and sell their property, but at the time of taking the mandate, the estate...
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...
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It is most useful to refer to the fairly old court judgement of Ficksburg Transport v Rautenbach delivered in 1987, to demonstrate the importance of ensuring that all parties stick the terms of a contract.The summarised details of the case are as follows:Ficksburg Transport had...
In last week’s post, we discussed the case of Daphne Chuma v Bondcor (Pty) Ltd, Werner Serfontein and Standard Bank of South Africa Ltd.Please refer to last week’s post for the detail of the case. In summary, the case related to a piece of land...
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...
