Deed of Sale
AGREEMENT
made
and entered into by and between:
SELLER:
FULL NAMES :
_____________________________________________________________________
IDENTITY NUMBER:
________________________________________________________________
FULL NAMES OF SPOUSE: __________________________________________________________
IDENTITY NUMBER:
________________________________________________________________
MARRIED IN COMMUNITY OF PROPERTY / MARRIED OUT OF COMMUNITY OF PROPERTY
/ SINGLE
ADDRESS: ______________________________________________________________________
TELEPHONE NO: (H)____________________________ (W)
___________________________
EXISTING BOND ACC NO. : __________________________________________________________
(hereinafter referred to as "the SELLER");
AND
PURCHASER:
FULL NAMES :
_____________________________________________________________________
IDENTITY NUMBER:
________________________________________________________________
FULL NAMES OF SPOUSE:
__________________________________________________________
IDENTITY NUMBER:
________________________________________________________________
MARRIED IN COMMUNITY OF PROPERTY / MARRIED OUT OF COMMUNITY OF PROPERTY /
SINGLE
ADDRESS: ______________________________________________________________________
TELEPHONE NO: (H)____________________________ (W)
___________________________
(hereinafter referred to as "the PURCHASER")
THE PROPERTY:
The property known as: _______________________________________________________________
_______________________________________________________________
1. SALE OF IMMOVABLE PROPERTY
The SELLER hereby sells
to the PURCHASER, who hereby purchases the aforementioned property, upon and
subject to the following terms and conditions, to all such terms, conditions
and servitudes as are mentioned or referred to in the Title Deeds of the said
property, and to such other conditions and servitudes that may exist in
relation thereto.
2. PURCHASE PRICE
2.1
The purchase price is the sum of
R____________________________
(
)
payable by
the PURCHASER to the SELLER as follows:
(a)
The full purchase price on date of transfer of
registration into the Purchaser’s name.
(a)
This agreement of sale shall be subject to the
suspensive condition that the Purchaser is able to raise a loan upon the
security of a mortgage bond of R____________________________________( )
being granted by a recognized Bank, Building Society or other financial
institution on or before the _____________________2003 .
2.2 In
order to secure payment of the purchase price, the PURCHASER shall provide to
the
SELLER and the transferring attorneys, a guarantee issued by a recognized
financial institution for a sum of not less than
_______________________________
( ) on or before the
_____________2003.
3. COSTS OF TRANSFER
The PURCHASER shall pay
all transfer costs incurred in respect of the registration of transfer of the
property into the name of the PURCHASER, including but not limited to transfer
duty, if any, the costs of this Deed of Sale, contributions to the Town
council, conveyancer's and Deeds Office fees and shall be paid immediately upon
request of the transferring attorneys.
4. TRANSFER
Transfer of the
property shall be passed by the attorneys:
AUSTIN JORDAAN INC.
1 FORSTER STREET
cnr O’REILLY MERRY
STREET
RYNFIELD
BENONI
TEL: 011-7484500
FAX: 011-7484550
E-MAIL: info@austinjordaan.co.za
and shall be given and
taken upon the PURCHASER having complied with his obligations in terms hereof.
5. OCCUPATION AND RENTAL
Vacant occupation of
the property shall be given to the PURCHASER on date of Registration. If the date of occupation and possession
does not coincide with the date of transfer, the party enjoying occupation and
possession of the property while it is registered in the name of the other
party, shall in consideration thereof and for the period of such occupation,
pay the other party occupational rental of R__________________________( ) per
month or a pro rata share thereof for any portion of a month.
6. RATES AND TAXES
The PURCHASER shall be
liable for the payment of all levies and other charges in respect of the
property as from date of registration into the PURCHASER's name and shall
refund to the SELLER any such monies which may have been paid in advance beyond
such date.
7. WARRANTIES
The property is sold as
described in the existing deed or deeds thereof, and subject to all conditions
and servitudes (if any) attaching thereto or mentioned or referred to in the
sale title deeds or prior deed. The
SELLER shall not be liable for any deficiency in extent which may be revealed
on any re-survey, nor shall the Seller benefit by any surplus in extent.
The Seller shall not be required
to indicate to the PURCHASER the position of the beacons or pegs upon the
property and/or boundaries thereof.
8. VOETSTOOTS
The property is sold
'voetstoots' and as it stands, the SELLER giving no warranty in regard to the
buildings and any improvements upon the property or the rights attaching
thereto. The SELLER shall not be liable
for any defects in the property, either latent or patent.
9. BREACH
9.1 In the event of either of the parties
failing to fulfil on due date any of the terms and conditions of this Deed of
Sale, the innocent party shall have the right inter alia:
(a) to cancel the sale by registered letter
addressed to the defaulting party;
and/or
(b) to claim immediate payment of the whole
of the purchase price and the fulfilment of all the terms and conditions hereof
if the defaulting party is the PURCHASER;
and/or
(c) to claim any damages to which the
innocent party may be entitled.
10. IMPROVEMENTS AND ALTERATIONS
If the PURCHASER is in
occupation of the property before date of transfer, the PURCHASER shall not be
entitled to effect any alternations, additions or improvements or the like to
the property, without the written consent of the SELLER. The PURCHASER shall not be entitled to any
compensation or refunded for monies spent on improvements, alterations,
additions or the like, whether bona fide or not, unless the written agreement
of the SELLER to do so is obtained.
11. VARIATION
This Deed of Sale
constitutes the entire agreement between the parties and no modification,
variation or alteration thereto shall be valid unless in writing and signed by
both parties hereto.
12. WAIVER
Notwithstanding any
express or implied provisions of the Deed of Sale to the contrary, any latitude
or extension of time which may be allowed by the SELLER in respect of any
matter or thing that the PURCHASER is bound to perform or observe in terms
hereof, shall not under any circumstances be deemed to be a waiver of the
SELLER's rights at any time, and without notice, to require strict and punctual
compliance with each and every provision or terms hereof.
13. DOMICILIUM CITANDI ET EXECUTANDI
It is agreed by the
parties that they each select their respective addresses hereinbefore set out
as their respective domicilium citandi et executandi which shall be the address
to which all notice or other documents in relation to these presents may be
sent and at which all processes may be served.
14. INTERPRETATION
In this Agreement,
words importing the singular shall include the plural and vice versa, words
importing the masculine gender shall include the feminine gender and words
importing persons shall include bodies corporate.
15. PURCHASER'S COOLING-OFF RIGHT
Section 29A of the
Alienation of Land Act 68 of 1981 applies to all agreements where the purchase
price is R250 000,00 (TWO HUNDRED AND FIFTY THOUSAND RAND) or less. Accordingly, notwithstanding any other
clause in this agreement, the Purchaser(s) has/have the right to revoke this
offer or terminate this agreement by written notice to be delivered to the
Seller(s), or his/her/their agent(s), on or before midnight
__________________________ 2003.
Such notice will have
no effect unless it:
(a) is signed by the Purchaser(s) or
his/her/their agent(s) acting on his/her/their authority;
(b) refers to this offer or agreement as the
offer or agreement that is being revoked or terminated, as the case may
be; and
(c) is unconditional.
(*delete this clause if
not applicable)
16. ELECTRICAL COMPLIANCE CERTIFICATE
Notwithstanding
voetstoots clause No. 7, the Seller(s) shall, at his/her/their expense, within
10 (TEN) days of acceptance of this Deed of Sale and fulfilment of all
suspensive conditions arrange for an inspection of the property and the issue
of a Certificate of Compliance in terms of Government Regulation No. 2920 of
1992, issued by an accredited person who is registered with the Electrical
Contracting Board of South Africa, certifying that the electrical installation
of the premises is in accordance with SABS 0142, or is reasonably safe. Should the aforesaid accredited person
report that there is a fault or defect in the electrical installation, the
Seller(s) shall be obliged, at his/her/their expense, within 21 (TWENTY ONE)
days of receipt of such report and recommendations, to contract with an
Electrical Contractor or any other qualified person to carry out the repairs as
recommended so as to enable the accredited person to issue the aforesaid Certificate.
17. SPECIAL CONDITIONS
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
SIGNED by the PURCHASER(S) at
___________________________ on ___________________ 2003.
AS WITNESSES:
1. ____________________________ ___________________________________
(PURCHASER)
2. _____________________________
SIGNED by the SELLER(S)
at_____________________________ on ______________________ 2003.
AS WITNESSES:
1. ___________________________ ___________________________________
(SELLER)
2. ___________________________
|
cnr O'Reilly Merry and Forster Streets Rynfield Benoni Tel: (+2711)748 4500 or 0861 LAWYER ie 0861 529 937 Fax: (+2711) 748 4548 |
P.O.Box 3434 Benoni 1500 Docex 14 info@austinjordaan.co.za www.austinjordaan.co.za |