Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant 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 23 – 2024

ATTEMPTING REVIVAL OF A SALE AGREEMENT BY WAY OF AMENDMENT

Maria Luisa Palma Codevilla v Paula Jane Kennedy-Smith NO and Others (494/2023) [2024] ZASCA 136 (10 October 2024)

Property sale agreements often have suspensive conditions, allowing a purchaser to indicate his eagerness to buy the property, but granting him time to attend to matters that must be in place before he can fully commit. Very often, the suspensive condition relates to obtaining the necessary financing by a certain time. Time is of the essence here: If the suspensive condition is not met by the due date, the agreement lapses. This is exactly what happened in the above matter; the parties chose to revive the lapsed agreement by concluding an addendum, which amended the original agreement. The Supreme Court of Appeal was asked to decide whether this was allowed.

The judgment can be viewed here
Summary of the Judgment

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