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 33 – 2015

UPHOLDING UNSIGNED SALE AND CONSTRUCTION AGREEMENT

Bray v Grand Aviation (Pty) Ltd and Another (07/28371) [2015] ZAGPJHC 139
(18 May 2015)

The purchaser bought a property in a development in an agreement that included a contract for the construction of a unit on the property. After transfer, when a dispute arose regarding finishes for the unit-to-be-erected, it was established for the first time that the developer never signed the agreement. The latter sought to use this fact to claim cancellation of the transfer and to escape liability in terms of the construction agreement. The interesting facts explain why the court found in favour of the purchaser.

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The Judgment
Summary of the Judgment

 

SELLER’S REGRET WITH A TWIST

Rampedi and Another v Njisane and Others (03876/2014) [2015] ZAGPJHC 184
(3 August 2015)

An acrimonious divorce and concerns regarding the splitting up of their joint estate, prompted divorcees to agree to the appointment of a liquidator in their divorce order to sell their home and account to them regarding the proceeds. However, after registration of transfer, they sought a retransfer , claiming they had prior to transfer changed their minds regarding the sale of the house to a third party, advised the liquidator thereof, and that hence there was no intention to transfer. Was the transfer valid?

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The Judgment
Summary of the Judgment

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