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 18 – 2016

BONDHOLDER’S SALE CONSENT DOES NOT TALLY WITH ACCEPTED TERMS OF OFFER

Gerber v Naidoo and Another (3048/2015) [2016] ZAECPEHC 11 (25 February 2016)

This matter deals with the sale agreement that came into existence after liquidators’ offer to sell property of an insolvent CC was accepted by a purchaser. The offer was subject to consent from the bondholder, whose subsequent written approval of the transaction assumed that VAT would be added to the stated purchase price. The purchaser however refused to pay VAT as this was never included in the offer and acceptance. Was there a binding agreement?

read more
The Judgment
Summary of the Judgment

AWAITING PROPERTY TRANSFER – IT’S AN ASSET IN DIVORCE

M v V and Others (8897/2014) [2016] ZAWCHC 44 (21 April 2016)

When parties married in community of property divorce whilst they are awaiting transfer of property from the Department of Human Settlements, in whose name must transfer be registered? This was the dispute in the present matter, where the divorce order provided that spouse A forfeited all patrimonial benefits to spouse B. The divorce order was granted 3 years after the agreement with the Department had been signed and 5 years before transfer was finally registered in the name of both spouses.

read more
The Judgment
Summary of the Judgment