| 1. |
Sale
Of Property |
|
Subject
to the terms and conditions contained herein, the Seller
hereby sells to the Purchaser who hereby purchases the
following property together with all buildings and
erections thereon and all fixtures and fittings of a
permanent nature pertaining thereto.:
Erf:
Address:
|
| 2. |
Purchase
Price And Guarantees |
|
| 2.1 |
The
purchase price of the property shall be
R______________ which price shall be payable by
the Purchaser to the Seller on registration of
transfer, for which payment the Purchaser shall
provide the Seller with cash or a Guarantee
approved by the Seller on request, save that
request shall not be made prior to the fulfillment
of the suspensive conditions contained herein.
Should the purchase price or any part thereof be
paid in cash by the Purchaser prior to date of
transfer, then and in that event, the Purchaser
expressly authorises the Seller's conveyancer to
invest same on his behalf in an interest bearing
trust account.
|
| 2.2 |
On
registration of transfer of the property into the
name of the Purchaser, the Seller's Conveyancers
are irrevocably authorised to make payment of the
commission due under this agreement and shall
refund the Purchaser all interest which has
accrued on any monies held in trust.
|
|
| 3. |
Acknowledgements
by Purchaser |
|
The
Purchaser acknowledges that: |
|
| 3.1 |
he
has acquainted himself with the nature, condition,
extent and locality of the Property and he will
have no claim whatsoever against the Seller for
any deficiency in the size of the property which
may be revealed on any re-survey nor shall the
Seller benefit from any possible excess; and
|
| 3.2 |
the
property is sold to the extent as it now lies,
"voetstoots", without any warranties
whether express or implied and the Seller shall
not be liable for any defects whether latent or
otherwise in the Property nor for any damages
suffered by the Purchaser by reason of such
defects and subject to all conditions and
servitudes mentioned or referred to in the current
and/or prior title deeds of the property or any
town planning scheme applicable thereto.
|
|
| 4. |
Risk and
ownership |
|
With effect
from the date of registration of transfer:- |
|
| 4.1 |
all
the benefits and risks of ownership of the
property shall pass to the Purchaser; and |
| 4.2 |
the
Purchaser shall be entitled to the rents (if any)
payable in respect of the property; and
|
| 4.3 |
the
Seller shall become liable for and forthwith
refund the Purchaser the rents (if any) paid in
respect of any period after the said date. |
|
| 5. |
Occupation
And Occupational Interest |
|
| 5.1 |
It
is hereby agreed that occupation of the property
shall be given to the Purchaser on
_______________________ on which date the
purchaser shall take occupation thereof. |
| 5.2 |
If
the date upon which occupation of the property is
given to the Purchaser does not coincide with the
date of registration of transfer, the party
enjoying occupation of the property while it is
registered in the name of the other party, shall
in consideration of such occupation and for the
period of such occupation, pay to the other party
occupational interest of R_____________ per month.
The said occupational interest shall be paid to
the Seller's Conveyancers. |
| 5.3 |
In
additional to the aforesaid occupational interest,
the Purchaser shall be liable for all rates, taxes
or other charges imposed upon the property by the
local authority or like body from date of
occupation. |
| 5.4 |
If
occupation of the property is given to the
Purchaser prior to registration of transfer the
Purchaser shall not be entitled to make any
alternations or additions to the property before
the date of registration of transfer. The
Purchaser shall be obliged in the event of the
cancellation or lapse of this Agreement to
forthwith vacate the property and restore it to
the Seller in the same condition as when the
Purchaser took occupation, it being acknowledged
that no tenancy shall be created by the Purchaser
taking occupation prior to registration of
transfer and that the Purchaser will have no
claims whatsoever against the Seller arising out
of any alternations or additions made to the
property by the Purchaser. |
| 5.5 |
All
occupational interest shall be payable monthly in
advance, provided that the Purchase shall be
entitled to a refund of a proportionate share of
the payment in respect of the month in which the
property is registered into his name and
calculated from the date of such registration.
|
|
| 6. |
Transfer |
|
| 6.1 |
The
Purchaser shall be liable for payment of the
Conveyancer's fees in respect of the registration of
transfer of the property in the Purchaser's name,
such fees being payable on request by the
Conveyancer. The Purchaser shall on request pay all
other expenses of and incidental to the registration
of transfer of the property into the name of the
Purchaser, including transfer and stamp duty and
survey and diagram fees (if any), as well as the
costs of registration of any bond referred to in
this Agreement |
| 6.2 |
The
Seller and the Purchaser undertake immediately upon
being requested to do so to sign all documents
required to be signed in connection with the
transfer, the cancellation of all bonds at present
registered over the property and the registration of
any bonds to be registered in terms of this
Agreement. |
|
| 7. |
Breach |
|
In the
event of either one of the parties ("the defaulting
party") committing a breach of any of the other terms
of this Agreement and failing to remedy such breach within
a period of 10 (Ten) days after receipt of a written
notice from the other party ("the aggrieved
party") calling upon the defaulting party to remedy
the breach complained of, then the aggrieved party shall
be entitled at his sole discretion and without prejudice
to any of his other rights in law, either to claim
specific performance of the terms of this Agreement or to
cancel this Agreement forthwith and without further notice
claim and recover damages from the defaulting party. |
| 8. |
Domicile |
|
Each
party chooses as his domicilium citandi et executandi
his address as set out in the preamble hereto, at which
address all notices and legal process in relation to this
Agreement or any action arising therefrom may be
effectually delivered and served. |
| 9. |
General |
|
| 9.1 |
The
parties undertake to do all such things as may be
necessary, incidental or conducive to the
implementation of the terms, conditions and import
of this Agreement.
|
| 9.2 |
This
Agreement constitutes the sole and entire
agreement or any consensual cancellation thereof
shall be of any force or effect unless reduced to
writing and signed by the parties or their duly
authorised representatives.
|
| 9.3 |
No
variation of the terms and conditions of this
Agreement or any consensual cancellation thereof
shall be of any force or effect unless reduced to
writing and signed by the parties or their duly
authorised representatives. |
| 9.4 |
No
indulgence which either party ("the
grantor") may grant to the other ("the
grantee") shall constitute a waiver of any of
the rights of the grantor who shall not thereby be
precluded from exercising any rights against the
grantee which may have arisen in the past or which
might arise in the future. |
| 9.5 |
The
Seller and the Purchaser warrant to each other
that all consents required in terms of the
Matrimonial Property Act No. 88 of 1984 have been
duly furnished. |
|
| 10. |
Estate
Agent's Commission |
|
| 10.1 |
Commission
calculated at __________________ of the Purchase
Price plus VAT shall be paid by the Seller to
provided that should the Purchaser fail to carry out
his/her obligations in terms of this Agreement
resulting in transfer not being passed, then and in
that event, ____________________________ shall be
entitled to recover the commission from the
Purchaser. |
| 10.2 |
The
said commission will be earned upon the signature of
this Agreement by both the Purchaser and the Seller
and the fulfillment (or waiver, as the case may be)
of all suspensive conditions contained herein and is
payable upon registration of transfer of the
property into the name of the Purchaser.
___________________________hereby
accept all benefits and obligations conferred upon
it in terms hereof.
The Purchaser
warrants that no estate agent introduced him to the
property or initiated the sale or was the effective
cause of the sale. |
|
| 11. |
Mortgage
Bond |
|
This
Agreement is subject to the suspensive condition that the
Purchaser (or the Seller or the Estate Agent on behalf of
the Purchaser) obtains approval, by not later than
____________________ for the granting of a loan by an
Institution of not less than R__________ upon the security
of a first mortgage bond to be registered over the
property on such terms as are normally applicable. This
suspensive condition shall be deemed to have been
fulfilled by notification of approval in principal by such
Institution. |
| 12. |
Waiver
Of Conditions And Lapse Of Agreement |
|
| 12.1 |
The
Purchaser may, at any time prior to the fulfillment
of any suspensive condition contained in this
Agreement, advise the Seller in writing that he
waives the benefit of such condition, in which event
this Agreement will no longer be subject to such
condition. |
| 12.2 |
Should
any suspensive condition contained in this Agreement
not be timeously fulfilled, the entire Agreement
shall automatically lapse and be of no further force
or effect. In such event all amounts paid by the
Purchaser (excluding the occupational interest)
shall be refunded to him together with any interest
that has accrued thereon. |
|
| 13. |
Certificates |
|
| 13.1 |
The
Seller shall, at his cost, which shall include,
where necessary, any work to be carried out,
furnish the Purchaser with a valid Certificate of
Compliance, that the entire electrical
installation on the property complies fully with
the provisions of the Electrical Installations
Regulations.
|
| 13.2 |
The
Seller shall, at his cost, which shall include,
where necessary, any work to be carried out,
furnish the Purchaser with a valid Certificate by
a member of the South African Pest Control
Association stating that all accessible timbers in
the buildings on the property are free of active
wood destroying insects.
|
|
| 14. |
Acceptance |
|
This
offer is open for acceptance and is irrevocable until
_________________ and upon acceptance by the Seller will
constitute a sale upon the terms and conditions herein set
forth.
|
| 15. |
Suspensive
Condition |
|
This sale
is subject to the suspensive conditions that the purchaser
sells his property, namely within days from date of last
signature hereon, for a price not exceeding R . It is
recorded that it is the intention of the parties that
transfer of the Purchaser's property must be effected
prior to or simultaneously with transfer to the Purchaser
of the property sold in terms hereof. The guarantees
required in terms of clause 2 and costs of transfer shall
be furnished from the sale of the Purchaser's property. |
| 16. |
Ratification
Clause |
|
Notwithstanding
signature of this agreement by the parties, the Seller
retains the right to continue marketing his property and
in the event of the Seller receiving a more favourable
written offer from a third party, he shall notify the
purchaser in writing of the new offer by delivering a copy
of the new offer together with his written notification to
the Purchaser. The Purchaser shall then have the right to
within 72 hours of receipt of such notification, to waive
any suspensive condition contained herein and match the
terms of such more favourable offer, by handing a written
notification of such waiver and acceptance of such more
favourable terms of the Seller or to McWilliams &
Elliott Properties CC. Should the Purchaser fail to waive
the suspensive condition/s as aforesaid or accept such
more favourable terms, then and in that event the Seller
shall be entitled but not obliged to resile from this
agreement and accept such alternative offer. The period of
72 hours shall not include Weekends or public holidays.
|
| 17. |
Cooling
Off |
|
The
Purchaser shall have the right to revoke this offer or
terminate this deed of alienation as the case may be in
terms of Section 29A of the Alienation of Land Act of 1981
as amended within five days of signature hereof by the
purchaser by delivery or written notice to that effect to
the seller or his agent within the said five day period.
The period of five days shall be calculated with the
exclusion of the day of signature by the purchaser and any
Saturday, Sunday or Public Holiday.
Subject to:
|
|
| 17.1 |
The
property described herein being used or intended to
be used mainly for residential purposes; and |
| 17.2 |
The
property described herein not being agricultural
land, and |
| 17.3 |
The
purchase price of the property not exceeding R250
000,00; |
| 17.4 |
The
purchaser being a natural person or persons; and |
| 17.5 |
The
property not having been purchased on auction; and |
| 17.6 |
The
parties to this agreement not having been purchased
by the exercise of an option which was open for a
period of at least five days; |
| 17.7 |
This
Deed of Sale not containing a nomination clause; and |
| 17.8 |
The
property described herein not having been purchased
by the exercise of an option which was open for a
period of at least five days;
Such written notice
by the purchaser revoking the offer or termination
the deed of alienation shall only be effective if
it:
- is signed by the
purchaser or his or her agent acting on his or
her authority;
- identifies the
offer or deed of alienation that is being
revoked or terminated, as the case may be; and
- is
unconditional.
Where
an offer is revoked or deed of alienation is
terminated as contemplated above, every person who
received an amount from the purchaser or any
prospective purchaser in respect of the offer or
deed of alienation, as the case may be, shall refund
the full amount of such payment to the Purchaser
within 10 day of the date of which the notice
referred to above was delivered to the seller or his
or her agent. |
|
| 18. |
Nominee |
|
| 18.1 |
The
purchaser shall be entitled to nominate any third
party, who is capable of taking transfer (the
Nominee) to be the Purchaser in terms of this
agreement within 20 days of the signing of this
agreement by the Sellers notice in writing to the
Seller or the Conveyancing Attorney. |
| 18.2 |
This
agreement shall only become binding upon the
purchaser if the purchaser does not nominate a
Nominee who validly accepts such nomination within
20 days of the date hereof. |
| 18.3 |
Upon
nomination and acceptance as aforementioned by the
Nominee the purchaser shall by signature hereof be
bound as surety for and co-principal debtor "in
solidium" with such Nominee for the due and
property fulfillment by the Nominee of all its
obligations as purchaser in terms of this agreement
including any obligations that may flow from the
breach of any terms of this agreement, the purchaser
hereby renouncing the benefits of all the legal
exceptions available to sureties with the full
effect of which the purchaser acknowledges himself
to be fully acquainted. |
| 18.4 |
The
parties agree that pending nomination as
aforementioned, or the expiry of the abovementioned
20 day period neither shall unlawfully resile from
this agreement. |
| 18.5 |
Notwithstanding
the date of signature of this agreement, the date of
sale shall be the date of nomination or the expiry
of the aforesaid 20 day period. |
|
| 19. |
Special
Conditions |
|
SIGNED by the SELLER at
PORT ELIZABETH on the _____ day of ___________
2____
AS WITNESSES:
| 1.
_____________________ |
__________________________
SELLER |
| 2. _____________________ |
|
| SIGNED by the PURCHASER
at PORT ELIZABETH on the day of 2____. |
| AS WITNESSES: |
| 1.
_____________________ |
________________________
PURCHASER |
| 2. _____________________
|
|
