Conveyancing & Property Transfer Articles

An agent cannot claim any commission for a sale where they were not the effective cause of the sale. This may mean that if a friend refers a buyer to you independently from the estate agent, then in principle the estate agent cannot claim commission as they were not the effective cause of the sale. However, make sure that you are allowed to market your property independently, as there could be restrictions in the mandate you have entered into, providing grounds for a claim of breach of contract by the agent.

In an reported case where Louwrens Koen Attorneys was on record for the applicant an order was made that "That the Respondent be imprisoned for a period to be determined by the Honourable Court". Further the Respndent had to pay substantial legal fees.

Sometimes an agreement of sale is signed by a purchaser who then inserts the words ‘or nominee’ behind his name. The intention is to win time to name the ultimate purchaser. This might be for various legitimate reasons, such as the purchaser’s intention to purchase a shelf company to name as purchaser rather than acquiring the property in his own name.

Terminating Services of Managing Agent

property practitioner is any person who, for gain, directly or indirectly, on the instructions or behalf of another: Sells, purchases, manages, or publicly exhibits for sale any property or business undertaking; Leases or hires, or publicly exhibits for hire, any property or business undertaking; Collects or receives money payable for a lease;