VOTETI TRADING (PVT) LTD v HANCOCK & ANOR 2012 (2) ZLR 182 (H)

2012 (2) ZLR p182

Flynote

Agency – estate agent – position of – broker between the parties to the sale of a property – any specific agency vested in an estate agent must be clearly established

Contract – estoppel – reliance upon terms of a written agreement – conduct of seller in accepting payment inconsistent with written agreement – reliance on such conduct by purchaser – potential prejudice to purchaser – seller estopped from insisting upon compliance with terms of agreement of sale to prejudice of purchaser

Contract – interpretation – reference to warranties, representations and conditions made by the parties before or at time of agreement – no relevance to any warranty representation or condition made thereafter

Estate agent – authority – acceptance of payment on behalf of seller – when estate agent so authorised – authority may be actual or implied – amendment of agreement of sale – estate agent having no authority to amend agreement unless instructed by both parties