n Annual Survey of South African Law - Miscellaneous contracts (Agency, carriage, deposit,donation, loan, partnership, service, and suretyship)




Whether the contravention of section 26 of the Estate Agency Affairs Act 112 of 1976 disentitled an estate agent from claiming commission from a client was previously considered by the Transvaal Provincial Division in 1985 (1) SA 267 (T). Section 26 prohibited any person from performing any act as an estate agent without a fidelity certificate. The court held in that the section did not have the effect of invalidating the contract of mandate of an estate agent who acted in contravention of its terms, and that he or she was entitled to enforce a contractual claim for commission.


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