Estate agent sued over R3m sale

The alleged deception surrounding a Walmer restaurant has seen a well-known Port Elizabeth businessman and an estate agent pitted against each other in the Port Elizabeth High Court.

Acting Judge Thembekile Malusi reserved judgment on Thursday.

While businessman John James Shamley claims Remax Bay Properties should have done due diligence when selling him the now defunct eatery, agent Marc Cattaneo believes it was beyond his scope to ascertain the facts.

“[Shamley] never requested Cattaneo to do a due diligence on his behalf,” Cattaneo’s lawyers told the court this week.

In August 2011, Cattaneo facilitated a deal for Liebre van Graan to sell his shares in Caveman Bites (Pty) Ltd, trading as Admirals.

After some financing problems, a sale agreement was eventually concluded between Van Graan and Shamley on September 14 2011.

The purchase price was R3-million, with the first payment of R700 000 to be paid on September 19 2011.

However, after the first payment was made, Van Graan disappeared.

But that was just the start of Shamley’s problems, the court heard.

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