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 | “Guarantee as required by local authority” really means only that

Tramore Property Group (Pty) Ltd v Vosloorus Square CC (235/2020) [2021] ZASCA 41 (13 April 2021)

This judgment teaches a valuable lesson. The seller of land to be developed cancelled the agreement due to the alleged non-compliance by the purchaser with the requirement to provide a guarantee relating to internal services and bulk provisions to the development. But the fact was that a proliferation of delays and emails created a nuance in respect of the guarantee requirements which were at odds with the actual wording in the agreement. The seller’s cancellation of the sale based on non-compliance with the nuanced interpretation of the guarantee clause was accordingly set aside.

Summary of the Judgment
The Judgment

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