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 37 – 2015

RENOVATIONS MORE COMPLEX THAN ANTICIPATED – LATENT DEFECT?

Ellis and Another v Cilliers N.O and Others (16936/11) [2015] ZAWCHC 145
(9 October 2015)

The judgment addresses a difficult question: does it detract from the reasonable use of a home, and thus constituting a latent defect, if anticipated renovations by purchasers become problematic due to floor and ceiling level issues that were initially concealed? Can a seller argue that the leveling of these areas were performed for aesthetic and maintenance purposes and did not constitute defects, thus not relevant in the context of the voetstoots clause?

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The Judgment
Summary of the Judgment

 

AVOID DAMAGES CLAIMS: STAND BACK AND MAKE SURE YOU ARE REALLY ENTITLED TO CANCEL

Du Preez v Tornel Props (Pty) Ltd (20714/14) [2015] ZASCA 134
(29 September 2015)

When contractual relationships sour, it is not uncommon to find that there are disputed issues between the parties and both may at any given time feel justified to cancel the agreement. This judgment explains clearly that our law deciphers the sequence of each party’s actions, thereby ascertaining what prompted the cancellation and whether it was justifiable.

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The Judgment
Summary of the Judgment

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