Brink & Associates

19/12/2025

Brink & Associates have been incorporated into Nel & Associates. Kindly follow us on:
https://www.facebook.com/attorneysomersetwest/

Somerset West, Noordhoek, Simon's Town law firm (CONVERSION TO NEL BRINK INC DURING 2026)

25/06/2024

Estate Agent Commission Disputes and the Law: What You Need to Know

Estate agents often utilise pre-existing templates when drafting mandate agreements for sellers or offers to purchase. It is crucial that the commission clause within these agreements clearly specifies when commission becomes payable and the method of payment to avoid any ambiguity.

In cases where a commission dispute arises, estate agents may pursue the following remedies:

Compensation for Damages. This involves claiming damages from the seller for losses incurred due to a breach of mandate (breach of contract).

Penalty Clause. Agents can seek compensation based on penalty clauses triggered by specific breaches committed by the seller. The Conventional Penalties Act allows for the enforcement of such clauses, though courts may restrict excessive penalties deemed unreasonable.

Rowkoop Clause: Similar in function to penalty clauses, this clause allows the seller to exit the contract voluntarily by paying a predetermined penalty to the agent.

Compensation for Unjustified Enrichment (Quantum Meruit): In certain circumstances, estate agents may claim compensation for the value they have added, under the principle of Quantum Meruit, when the conditions for claiming commission are not fully met.

It is also important that sellers understand the remedies estate agents have for commission disputes. This knowledge allows sellers and agents to negotiate mandate agreements confidently and make informed choices during the sale. By being proactive in addressing potential conflicts, both sellers and estate agents can foster a positive collaboration, leading to a seamless transaction.

Brink & Associates - speak to a property law specialist.

22/06/2024

Facing an impending divorce often triggers emotional stress and conflict, unfortunately leading to contentious legal battles. Such proceedings can be lengthy, causing significant financial strain and emotional hardship for all involved, particularly children.

An effective divorce attorney guides parties toward constructive solutions. They focus on fostering quick and amicable agreements regarding asset division, child support, and parental responsibilities.

We prioritise the well-being of our clients and their children. Our commitment to providing honest and practical legal counsel helps prevent prolonged and costly divorce proceedings. Trust us to support you with compassion and expertise during this challenging time.

Brink & Associates

The people first, business orientated attorneys.

21/06/2024

Do you have a child maintenance order granted in your favour? Here’s how you can enforce it.

If your former spouse has defaulted on maintenance payments and, despite reasonable requests, has refused to settle outstanding amounts, the court can be approached for a number of orders. If granted, these orders will have the following effect:

• If your former spouse has movable or immovable property, a warrant of ex*****on empowers the sheriff to attach and sell property to cover the owed maintenance.
• An emoluments attachment order compels your former spouse's employer to pay the maintenance debts owed directly to you.
• If your former spouse has debtors or funds deposited with a bank, you may approach the court for an attachment of debt order, compelling third parties to pay these funds directly to you.
• As a last resort, the law allows for criminal prosecution of those who fail to comply with maintenance orders.

It’s important to gather the following documents to enable you to enforce your claim:
• The original maintenance order issued by the court
• Bank statements reflecting the history of maintenance payments
• Any correspondence with your ex regarding maintenance
Get in touch with Brink & Associates for more info.