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 22 – 2017

CAN UNDULY HARSH TERMS OF SALE AGREEMENT PERMIT CANCELLATION?

Binta v Hlasela and Another (1776/2016) [2017] ZAECPEHC 35 (11 July 2017)

It does not often happen that a sale agreement is entered into requiring the seller to pass transfer and then to wait for payment of the purchase price by way of a subsidy grant some time later. This provision in the present matter, together with undue delays by the authority issuing the subsidies and the fact that the purchaser took occupation whilst the agreement excluded the payment of occupational rental, moved the court to hold that terms of such an egregious nature justified the seller to resile from the agreement. This is an exceptional remedy in extraordinary circumstances as our law generally requires of contracting parties to perform in terms of the agreements they put their signatures to.

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the thirtieth set of notes for your STSMA Reference Guide, Prescribed Management Rule 9 is discussed.

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Prescribed Management Rule 9
(N.B. Print in landscape)

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