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 | Issue 12 – 2017

BUY-BACK CLAUSES THROWN A CURVE BALL

Bondev Midrand (Pty) Ltd v Madzhie and Others (63297/15) [2016] ZAGPPHC 1097
(19 December 2016)

Sale agreements in new developments often include clauses entitling the developer to claim re-transfer of the land sold, against payment of the initial purchase price, if the purchaser does not erect a dwelling in a specified time. The clause is intended to ensure completion of the development within a certain timeframe to support and boost buyers’ investment in the development and to avoid the security risks and disturbances associated with continued building works. Generally our courts enforce these clauses, but the Gauteng division has now raised objections to enforcing such a provision which it deems is contrary to public policy, amongst other things.

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the twentieth set of notes for your STSMA Reference Guide, regulation 4 of the Act is discussed.

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Regulation 4 (Powers of a provisional curator ad litem and curator ad litem)
(N.B. Print in landscape)

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