A Durban couple who signed a purchase agreement for a Chatsworth property before backtracking on the deal days later has been ordered to pay Wakefields Real Estate R40 000 in commission, as well as their legal fees, IoL reports.

The order against Patgonan and Thavanthree Naidoo was made by Judge Jacqueline Henriques in the KZN High Court (Pietermaritzburg) last week.

The Naidoos had taken the matter on appeal after the Chatsworth Magistrate's Court ruled against them.

The house was eventually sold to another family by another estate agent.

The Naidoos did not dispute signing the purchase agreement but said the sale was on condition of their daughter’s approval and on quotations for renovations.

In evidence in court, estate agent Kim Badsey and trainee estate agent Adele Kleinschmidt said the Naidoos had not informed them of such a condition. 

The court established that the house had been advertised as a ‘renovator’s dream’ and that Badsey had noted that aluminium window frames, damp walls and cupboards needed renovating.

Henriques dismissed a claim that the estate agents had misrepresented themselves and also dismissed the iustus error defence, which infers a provision to escape contractual liability after committing a reasonable mistake.

‘If the Naidoos were mistaken as to the contents of the purchase and sale agreement and, in particular, the commission clause it was due to their failure to properly read the sale agreement and the commission clause before signing the document.’

Costs were awarded to Wakefields.

Full IoL report