COUNTER-OFFER IS THE RAIN ON A COMMISSION CLAIM PARADE
J Space (Pty) Ltd v O-Yes Auctions CC (38603/2021) [2024] ZAGPJHC 32 (15 January 2024)
The heading gives away the outcome in this judgment that ordered the auctioneer to return the commission payment that the proposed purchaser had deposited with it, after the seller’s counter-offer was never formally accepted. Of particular interest is the auctioneer’s argument that the (apparently) negligible amendments constituting the counter-offer were so insignificant in the context that they did not nullify the existing consensus on the material terms of the agreement.
The Judgment
Summary of the Judgment
BODY CORPORATE NEGLECTS SCHEME UPKEEP: COSTS TO FIX ESCALATE AFTER INJURY
Eze v Adderley Body Corporate and Another (1484/2019) [2024] ZAWCHC 7 (22 January 2024)
A piece of rotten wood which dislodged from an overhanging balcony of a sectional title building and injured a passerby, will cost the body corporate much more than anticipated, after the court found that the owners (as body corporate) were negligent in not maintaining the building. This is a wake-up call for trustees to properly deal with their responsibility to keep the buildings in the scheme in good repair. Failure to do so can be found to be negligent and saddle the scheme with unexpected additional expenses.
