Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 12 – 2018

STESCAPING LIABILITY UNDER A SURETYSHIP: WHEN THE LENDER MUST BE UPFRONT WITH DETAILS

Absa Bank Limited v Van Eeden and Others (4078/2012) [2018] ZAECPEHC 14 (27 March 2018)

Generally, when one puts pen to paper as a borrower or surety, it is your own responsibility to acquaint yourself with the details of the transaction and responsibility undertaken. However, as this case shows, there are limitations and in very specific circumstances, the lender (in this instance the bank) has a duty to disclose certain details within its knowledge. Failure to do so, allows the surety to escape liability under the suretyship.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the fifty-fourth set of notes for your STSMA Reference Guide, Prescribed Conduct Rule 2 is discussed.

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Prescribed Conduct Rule 2
(N.B. Print in landscape)