Answer to Question #195327 in Law for Angel

Question

Ndivhuwo authorises Dakalo, who is an estate agent, to sell his four-bedroom house 

on his behalf for R800 000. Dakalo showed this house to a prospective buyer, Mr. 

Mukwevho and his wife, three times during April 2018. Mr. Mukwevho showed an 

interest in the house but did not enter into a sale agreement. In December 2018, Mr. 

Mukwevho told Dakalo that he was no longer interested in buying the house. However, 

in March 2019, Mr. Mukwevho contacted Ndivhuwo and bought the house directly from 

him, without telling Dakalo. Dakalo is aggrieved by this and wants to sue Ndivhuwo for 

commission. Advise Dakalo on the legal position regarding:

a) A relationship between a principal and an agent.

b) The different ways in which agency may be created.

c) Whether the estate agent becomes entitled to claim the commission for the sale 

of property from the principal, taking into consideration the duties of an agent.

d) The circumstances leading to the termination of agency.

Answer 1

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