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 14 – 2024

IF THERE IS NO PRIOR AGREEMENT ON THE COMMISSION AMOUNT, IS IT THEN NOT PAYABLE?

Golden Rewards 120 CC t/a Remax Marine v M3 Holdings (Pty) Ltd (D42/2019) [2024] ZAKZDHC 22 (10 May 2024)

This judgment speaks volumes about commonplace challenges that estate agents face daily. In this case, in exercising a verbal (and later written) mandate to find a tenant for a five-year period for a commercial property, the agent had introduced a tenant to the landlord, facilitated various amendments to the terms of the lease, and caused the tenant to submit a draft lease for signature by the landlord. The landlord accepted the terms and proceeded to arrange signature of a lease agreement, excluding the agent. The agent’s subsequent enquiry about payment of commission was dismissed, with the landlord retorting that no commission was payable as both the oral and written mandate were concluded on the basis that commission was still to be agreed upon, which agreement never occurred.

The judgment can be viewed here
Summary of the Judgment

YOUR MARITAL REGIME AND OWNERSHIP OF IMMOVABLE PROPERTY

Matrimonial Property Act 88 of 1984

In our experience, when couples are on the brink of celebrating the ‘big day’, they are confident that they understand the legal consequences of entering into a marriage. Learning subsequently that a whole array of provisions contained in the Matrimonial Property Act are automatically applicable and may limit, amongst other things, their capacity to enter into agreements, might come as a surprise.

Read here to find out more

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