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Jean du Plessis "Circumvention" Apology

Circumvention in the property industry is, inter alia, an act, performed by the seller, purchaser or another agent, which results in a mandated agent who first introduced the property to the purchaser being excluded from the sale agreement resulting in such agent being denied payment of commission in terms of the mandate.

Mr Jean du Plessis of Slipknot Investments 777 (PTY) Ltd has sent Garth Wilson a communiqué via his attorney demanding that he remove Mr du Plessis’ details from the Alerts section on the Dunbar Property Group website which lists his name and company next to the word “Circumvension”

Mr Du Plessis further demands that Garth Wilson apologise for “the untrue statement”, denying that he has ever been involved in circumvention. Such apology is to be published on the Dunbar Property Group website for a period of at least 30 days.

We are quite comfortable with Mr Du Plessis' request and below is our full compliance, albeit that we will probably extend the period well beyond the prescribed 30 day minimum.

Although this is no statement but merely a string of words, what led to Mr Du Plessis’ name appearing under the Alerts section on the website in the first instance?

Well, here are the facts:

In July/August 2008, ReMax was mandated to sell two of Dorbyl’s properties in Port Elizabeth. The mandate was in writing and authorised Remax to sub-mandate, which sub-mandate they duly gave to Dunbar Property Group and was acknowledged by Dorbyl.

On 28 July 2008, Garth Wilson introduced both the properties to Mr Jean du Plessis via email with follow-up telephone conversations. The introduction included full financial models and detailed descriptions of the properties for sale as well as financial statements and background information on Dorbyl, who was to sign long-term leases over the properties.

This was followed up with a detailed information pack released by Dorbyl which Garth Wilson emailed to Mr Du Plessis on 12 August 2008.

In subsequent telephone conversations, Mr Du Plessis informed Garth Wilson that he was not interested in the properties and would not be pursuing them.

In the meantime, Garth Wilson had supplied Dorbyl with the names and background information on all the parties it had introduced the properties to, as was required by the mandate. Mr Du Plessis’ name was included in this report.

On 13 March 2009, Mr Du Plessis proceeded to purchase one of Dorbyl’s properties; via another agent, we were informed. On 14 August 2009, Mr Du Plessis proceeded to purchase the second Dorbyl property, this time, directly from Dorbyl, we were informed.

All the above information is factual, verifiable and backed by documentary evidence.

So given the above, we sincerely apologise to Mr Du Plessis for listing his name under Alerts on the Dunbar Property Group website next to the word “Circumvention”

The above clearly does not constitute circumvention as Mr Du Plessis claims we are purporting…or does it?

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