The purchaser approached the court for an order compelling the seller to transfer to her the sectional title unit that she had purchased from him. The deed of sale required the purchaser to pay the full purchase price by a certain date to the seller’s attorney. The purchaser duly paid the amount into the attorney’s trust account and the attorney then misappropriated the money. The court held that the attorney was the agent of the seller for the purposes of receiving payment of the purchase price and ordered that the property had to be transferred to the purchaser despite the funds not having been received by the seller.

This case shows the importance of knowing and understanding the contents of any agreement you conclude (especially one as valuable as relating to the sale or purchase of your property), and also of appointing responsible and trustworthy people as your agents!

For more information on this case, read below:

Agu v Krige and Others (20763 of 2017) [2019] ZAWCHC 46 (28 March 2019) payment to agent constitutes completion of buyers obligation to pay ito OTP