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 20 – 2015

FFC obtained through mandate – entitled to any commission?

Van Den Blink Properties CC v Erasmus N.O and Another (2557/2012) [2014] ZAFSHC 182 (26 August 2014)

This matter was an appeal against a judgment granting an agent full commission despite the fact that the agent, at the time of accepting the mandate, was not in possession of a Fidelity Fund Certificate and only obtained it later on in the course of performing his mandate. The court allowed the client to take the outcome on appeal, holding that another court could find that the agent is not allowed to claim all, or at least part, of the commission in such an instance.

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The Judgment
Summary of the Judgment

Protection for vulnerable purchasers – law changes

Sarrahwitz v Martiz N.O. and Another (CCT93/14) [2015] ZACC 14 (4 June 2015)

The Alienation of Land Act has certain provisions that protect purchasers who buy residential land in terms of installment payments stretching over more than 12 months, in the case of a seller’s subsequent insolvency. In this judgment the Constitutional Court held that it was not constitutionally defensible to deny the same protection to a vulnerable purchaser who bought residential property in terms of a cash sale agreement where the purchase price was paid in one lump sum, or in less than a year. The Alienation of Land Act was amended accordingly, by reading in clauses to effect this outcome.

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The Judgment
Summary of the Judgment

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