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 | Purchaser’s spouse gets the bond: Does the sale agreement stand?

Makepeace v San Lameer Villa 3212 CC and Others (52533/2020) [2021] ZAGPJHC 23 (5 March 2021)

It is in the nature of a marriage relationship that the spouses’ affairs become intertwined to some extent. Here, the husband successfully bought a property at an auction but later, when the bond approval was negotiated by his wife and granted to her in principle, the question arose who was the purchaser. The law has strict rules when it comes to transactions relating to land, including that there must be certainty about who the contracting parties are. In this instance, the lack of certainty resulted in the demise of the sale agreement.

Summary of the Judgment
The Judgment

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