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 | Sale subject to ‘obtaining funds from’ an inheritance

Patrinos (N.O) v Theresa (883/2021) [2021] ZAFSHC 226 (17 September 2021)

In property sale transactions that do not follow the usual pattern – facilitated by an estate agent with funding obtained from a bank – it is important for sellers and buyers to pay very special attention to details. In this matter, the parties included a suspensive condition rendering the sale subject to the purchaser “obtaining funds” from a deceased estate. The inheritance was subsequently paid over, but not before the purchaser grew cold feet and sought to escape liability. She argued that the agreement lapsed for lack of “obtaining funds” by a certain date, as the funds were not paid over at the relevant date. The seller argued there was fulfillment as the funds were “available”, and the condition met.

Summary of the Judgment

The Judgment

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