Jawitz Properties sues property owner R320 000 for breach of contract

Jawitz Properties has slapped property owner Lynne Zurnamer with a R320 000 lawsuit for the commission they would have made for the sale of her home.

Zurnamer says after several months of waiting for Jawitz to sell her property with no results, she decided to pull the plug on the deal in which she gave them a sole mandate to sell.

Two weeks after the mandate expired I received a legal document and things rolled from there. They tried to get some judgment against me which cost me an excess of R50 000 to defend myself.

Lynne Zurnamer, Property owner

Zurnamer says after posting the matter on Facebook, Jawitz contacted her and offered to be given another opportunity to sell her property. She says she was very reluctant to do so.

She says she requested a marketing plan.

I was sceptical because I felt after 12 months of not giving me a sale how will they do it and how will they do differently? I said to them please don't send me the same contract because it will be very stupid of me to sign it again.

Lynne Zurnamer, Property owner

They sent me a very standard contract and I said no I don't accept that and I haven't had anything from them except that the legal matter is continuing.

Lynne Zurnamer, Property owner

Property law specialist, Robin Twaddle explains what the law says about this matter.

A sole mandate for the particular period is a fixed term contract and under Consumer Protection Act one is entitled to cancel that contract, but on 20 business day notice.

Robin Twaddle, Property law specialist

In what Lynne is saying, that they didn't bring anyone to look at the house, one doesn't know how much that estate agent has spent on marketing. It is not something that you can simply gauge or judge simply by results.

Robin Twaddle, Property law specialist

To hear the rest of the conversations, listen below:


This article first appeared on CapeTalk : Jawitz Properties sues property owner R320 000 for breach of contract


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