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 29 – 2016

I DIDN’T KNOW VAT IS PAYABLE! CAN I GET OUT OF SALE?

Sheriff of the High Court Piketberg and Another v Lourens; In re: Standard Bank of South Africa Ltd v Trustees for the Time Being of the Eila Trust and Others (3467/2014) [2016] ZAWCHC 93
(1 August 2016)

Modern laws brim with many safeguards for consumers, also in execution sales where both the Rules of Court and the Consumer Protection Act are relevant. Against the background of these provisions, the question that arose in this matter was whether the consumer rights of a successful bidder at an execution sale were denied by the fact that the sheriff did not inform him that VAT would be payable, despite the sale conditions noting that the purchaser will be liable for the costs of transfer.

read more
The Judgment
Summary of the Judgment

 

LIFTS STILL NOT WORKING – CAN TRUSTEES BE PUT TO TASK?

Lyons v The Body Corporate of Skyways (3643/2016) [2016] ZAWCHC (26 May 2016)

This matter dealt with an owner seeking a final interdict obliging the body corporate to resolve the problem of long-standing malfunctioning elevators. Trustees, acting on behalf of a body corporate, are obliged by the Sectional Titles Act to ensure that certain maintenance functions are performed. But the body corporate had already employed two companies to attend to these repairs, both not performing. What more can be expected of them?

read more
The Judgment
Summary of the Judgment