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 1 – 2020

WITHDRAWING AN IRREVOCABLE OFFER BEFORE ACCEPTANCE – AUCTION WOES

W & A Le Roux Slaghuis (Pty) Ltd and Another v Van Niekerk (A554/17) [2019] ZAGPPHC 577 (4 December 2019)

In a judgment that creates some precedent for auction sales, the Court dealt with the following questions: (i) Can an auctioneer, as agent of the seller, be held personally liable for obligations of his principal?; (ii) can the purchaser who makes an irrevocable offer withdraw this whilst it is still open for acceptance; and (iii) can an option agreement can be repudiated before it comes into existence? The questions were addressed against the scenario where the auctioneer, after accepting the buyer’s bid, accidentally sold off fixtures on the property to a subsequent bidder.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment

RUNNING A BUSINESS IN CONTRAVENTION OF ZONING PROVISIONS

McKay and Others v Ursiweb (Proprietary) Ltd and Others (3510/2019) [2019] ZAFSHC 232 (5 December 2019)

What are your rights as an owner in a residential area where another owner runs a business from his property in contravention of the relevant zoning and title deed conditions? Does it matter that the culprit is not your immediate neighbour but an owner living roughly a kilometre away? And can the culprit defend himself by arguing that he is not the only one in breach and he should therefore not be ordered to stop his business activities? This judgment is a case in point and highlights the respective owners’ rights in these circumstances.

The Judgment can be viewed here:

The Judgment
Summary of the Judgment