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 – 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)