The Durban widow who not only lost the house she had contracted to buy when the seller pulled out of the deal but was also made to pay the R92 000 estate agent's commission was refunded after Business Times Money reported on the matter last week. Re/Max is also considering taking action against the franchisee. And the offending clause in the Re/Max Bluff franchise's sale agreement has been removed. Mirinda Ellis had paid the purchase price of R950000 for a house on Durban's Bluff to the conveyancing attorneys used by that Re/Max franchise, pending transfer. But she later learnt that she wouldn't receive a full refund when the seller cancelled the sale - R92 055 would be paid to the agent as commission. When she protested, she was pointed to a clause in the sale agreement that read: "In the event of the purchaser having paid a deposit to the conveyancers ... and provided all suspensive conditions contained in this agreement have been fulfilled, the purchaser and the seller agree that...
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