Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 10 – 2018

A FRIENDLY ‘BUY BACK’ NOT ALWAYS A ‘SALE’ THAT REQUIRES A WRITTEN AGREEMENT TO BE VALID

Loggenberg and Others v Maree (286/17) [2018] ZASCA 24 (23 March 2018)

The facts in this judgment tells a story of A, in an attempt to assist his friend B, that bought B’s property in an execution sale with the understanding that B will buy it back shortly after, when his finances improve. A subsequently sold the property to C and B approached the Court for assistance. A argued that the buy-back was a sale agreement of land and was invalid as it was agreed to orally. He was thus free to sell to C. The Court found that it rather resembled an oral agreement for the benefit of a third (stipulatio alteri) and a written recordal was not necessary.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-second set of notes for your STSMA Reference Guide, Prescribed Management Rule 31 is discussed.

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Prescribed Management Rule 31
(N.B. Print in landscape)

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