Maryna holds the BA, LLB, LLM degrees and is a Director 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 5 – 2024

DEFAULTING PURCHASER SEEKS TO INTERDICT ON-SELLING

Fatmols Lodges Proprietary Ltd v Botha and Others (017800/2023) [2024] ZAGPJHC 30 (17 January 2024)

An anti-dissipation interdict is similar to an ‘ordinary’ interdict, but only to a certain extent. In a property law context, an application for an interdict of this nature is considered where a purchaser, who has entered into a property sale agreement, seeks to interdict the seller from dealing with the property because of the apprehension that the seller, who is leaving the country, might not return their deposit. As this case illustrates, an anti-dissipation interdict will not be granted in the absence of proof of distinct facts. To that end, the summary below elucidates the requirements to succeed.

The Judgment
Summary of the Judgment

‘ACCREDITATION FEES’: AGENTS’ UNDESIREABLE PRACTICES INCREASINGLY IN THE LIMELIGHT

PPRA’s latest Guidance Note on Undesirable Business Practices, September 2023

The Regulations to the Property Practitioners Act prohibit various ‘undesirable business practices’ under threat of penalty. Notwithstanding this, the Property Practitioners’ Regulatory Authority has, as at February of this year, fined more than 150 agents over the past few months for contravening these prohibitions. In our discussion below, we look at the various stakeholders’ points of departure in the context of the legislative requirements.

The Judgment
Summary of the Judgment

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