Real Estate Agent

Boipabolo Junior School V MZA Estate Agency Pty Ltd (CCA/0112/2022) [2022]LSHC 23 (10 June 2022);

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Summary

Law of agency  –  A deed of sale of land signed by agent and third party – Agent  clothed with power of attorney by  principal to sell land – Third party paying full amount agreed with the agent – Agent failing to remit the full amount to the principle – Principal refusing to transfer land to the third party – Whether the principal is liable to the third party – Principal is liable to the third party and  cannot escape liability on the ground that he did not sign the deed of sale or that he did not receive the full amount from the agent.

 

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

HELD AT MASERU                                              CCA/0112/2022

 

In the matter between:

 

BOIPABOLO JUNIOR SCHOOL                                       APPLICANT

 

And

 

MZA ESTATE AGENCY (PTY) LTD                          1ST RESPONDENT

ESTATE LATE MARATANG ANTHONIED