DAMAGES CLAIM FOR AGENT PREVENTED FROM PERFORMING MANDATE
Lushaka Investments (Pty) Ltd v JHI Properties (Pty) Ltd (A5085/2014)  ZAGPJHC 45
(31 March 2016)
Granting an exclusive mandate to an agent generally means that, for a determined period of time, the agent has the sole right to market the property and solicit offers in respect thereof. Where the seller breaches the provision, he may be liable to pay damages equal to commission to the agent who has been frustrated in performing his/her duties, as the interesting facts of this matter illustrate.
PRESCRIPTION WHERE SALE NOT ENFORCEABLE FOR LONG PERIOD AFTER ITS CONCLUSION
Kosmos v Leopont (20546/2014)  ZASCA 48 (31 March 2016)
In this matter, new owners in a development sought to force the developer to finalise erection of facilities. Transfer was however effected a long time after the sale agreements were concluded and issues regarding prescription of the owners’ claims arose. The court held that prescription could only commence when the sale agreements became enforceable. What does this mean in a sale?