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 01 – 2016

SPOTTER FEES IN THE SPOTLIGHT

Haigh Farming (Pty) Ltd v E.G Elliot Estate CC (14175/2013) [2015] ZAKZPHC 47
(2 October 2015)

When anyone performs those activities that are included in the Estate Agency Affairs Act’s definition of an “estate agent”, that person must be in possession of a Fidelity Fund certificate to be entitled to receive payment. This judgment illustrates how the court approaches the factual enquiry whether, in the rendering of property consultancy services and “spotting” of properties to be listed for sale, a person is ‘acting’ as an estate agent. The enquiry resulted after an estate agency refused to pay a previously agreed upon remuneration to its consultant, alleging that he acted as an estate agent and hence was not entitled to remuneration in the absence of the required certificate.

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The Judgment
Summary of the Judgment

 

GIVE SUBSTANCE TO PROPERTY VALUATION OBJECTION

Coutsourides N.O and Another v Nelson Mandela Bay Metropolitan Municipality and Others (3565/2015) [2015] ZAECPEHC 66
(8 December 2015)

An increased municipal property valuation often ignites owner actions to dispute the ‘upgrade’. But take heed from the court’s pointers in this judgment: an objection must give adequate reasons for the opposition thereto. The mere lodging of an objection does not trigger an obligation on the side of the municipality to furnish reasons for its valuation of the property. It is only required to address the issues raised in the owner’s objection and if these are without substance, the municipality cannot be faulted for a one-line reply that the information submitted was “insufficient to justify a change in valuation”.

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The Judgment
Summary of the Judgment