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 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)