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 | Case buyer and seller disputing whether the sale was subject to a condition to get a bond

McGrane v Cape Royale The Residence (Pty) Ltd (831/2020) [2021] ZASCA 139 (6 October 2021)

We all know that when a dispute between a seller and buyer arises in the context of the sale of property, the party seeking to escape the contract will very painstakingly comb through the transaction to find a way out. This is a case in point. The sale agreement had provisions to the effect that, were the purchaser to require bond financing, approval had to be submitted by a certain date. The purchaser had intended to pay cash and did subsequently pay the full amount to the conveyancers. Nonetheless, and due to a dispute between the parties, the purchaser told its attorneys not to pass transfer. The Court came to the assistance of the buyer.

Summary of the Judgment

The Judgment

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