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 17 – 2016

CONDITIONAL ACCEPTANCE OF OFFER

Cooper v Clark (2015/31475) [2016] ZAGPJHC 79
(29 April 2016)

You as seller are 99% happy with an offer presented to you by a potential purchaser, but one or two things still bother you. To make sure the deal is not lost, you make your desired amendments to the offer and then sign it. A done deal … or not? Such a scenario creates what is termed a counter-offer, requiring acceptance by the other party before a binding agreement can come into existence. See the facts of this matter for an illustration.

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The Judgment
Summary of the Judgment

COMMUNITY SCHEMES OMBUD FINALLY TO BE ‘FORMALLY ESTABLISHED’

Human Settlements Minister Lindiwe Sisulu confirmed in her 2016/17 budget vote speech, delivered on 3 May 2016, that an ombudsman for sectional title and community schemes will be ‘formally established’ during the current financial year. The ombud is to be established in terms of the Community Schemes Ombud Service Act, which Act was passed in 2011 but is yet to come into effect.

The Act defines a ‘community scheme’ as meaning any arrangement ‘in terms of which there is shared use of and responsibility for parts of land and buildings’. Specific reference is made to sectional title developments, share block companies and home or property owners associations, housing schemes for retired persons or a housing co-operative.

A Community Schemes Ombud Service is already in operation and has begun engaging sector stakeholders.

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View the Minister’s Speech here.

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