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December 2013: Estate Agent Commission and Effective Cause

Newsletters



Both property sellers and estate agents need to know the downside of not recording, clearly and in writing, the exact circumstances in which a seller must pay commission to an agent.


The agent’s claim: R500k

To illustrate – in a case recently before the High Court, an agent claimed to have a verbal mandate from the seller of an industrial property to sell it for R5m.  The agent believed that if he found a buyer for R5,5m he would be paid the excess R500,000 as commission.  He duly found a buyer at R5,5m but the buyer and seller cut him out - they concluded their own sale agreement at R5m with no provision for commission.  The agent duly sued the seller for R500,000 commission.