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 21 – 2015

Commission claim lost where ‘trading as’ business without FFC?

Ustica 1153 CC t/a Cape Region Home Sales v Jordaan and Another (A158/2014) [2015] ZAWCHC 87 (9 June 2015)

What happens to the requirement to hold an FFC where a close corporation estate agency, using a trading name, holds its FFC in the name of the corporation and not the ‘trading as’ business? This was the issue before the court here as the seller cancelled the sale agreement and denied liability for commission, arguing that he transacted with the ‘trading as’ business which did not have an FFC.

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The Judgment
Summary of the Judgment

Breaching commercial property instalment sale agreement

V and Another v Coetzee (35029/2014) [2015] ZAGPJHC 102 (5 June 2015)

Chapter II of the Alienation of Land Act gives special protection only to individuals purchasing residential property in instalments. Attempts of a purchaser of industrial property in an instalment sale to insist on recordal of the agreement against the title deed and notification of the seller’s bond liability, will be futile, as this judgment shows. Other measures protecting such purchasers, outside Chapter II, such as the right to demand transfer once more than 50% of the purchase price has been paid, may well become applicable for non-residential property, but then the relevant conditions must be complied with. The judgment is an illustrative case in point.

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The Judgment
Summary of the Judgment

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