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 – 2016

DAMAGES CLAIM FOR AGENT PREVENTED FROM PERFORMING MANDATE

Lushaka Investments (Pty) Ltd v JHI Properties (Pty) Ltd (A5085/2014) [2016] ZAGPJHC 45
(31 March 2016)

Granting an exclusive mandate to an agent generally means that, for a determined period of time, the agent has the sole right to market the property and solicit offers in respect thereof. Where the seller breaches the provision, he may be liable to pay damages equal to commission to the agent who has been frustrated in performing his/her duties, as the interesting facts of this matter illustrate.

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The Judgment
Summary of the Judgment

 

PRESCRIPTION WHERE SALE NOT ENFORCEABLE FOR LONG PERIOD AFTER ITS CONCLUSION

Kosmos v Leopont (20546/2014) [2016] ZASCA 48 (31 March 2016)

In this matter, new owners in a development sought to force the developer to finalise erection of facilities. Transfer was however effected a long time after the sale agreements were concluded and issues regarding prescription of the owners’ claims arose. The court held that prescription could only commence when the sale agreements became enforceable. What does this mean in a sale?

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The Judgment
Summary of the Judgment