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Addendum To Remove Buyer From Purchase Contract
"I need an Addendum to Remove Buyer From Purchase Contract for a residential property in Cape Town, where one buyer is withdrawing due to relocation abroad, with the remaining buyer continuing with the purchase as originally agreed in January 2025."
1. Parties: Identification of all parties: the Seller, the Remaining Buyer(s), and the Departing Buyer(s)
2. Background: Reference to the original Purchase Contract, including date of execution, property details, and reason for buyer removal
3. Definitions: Key terms used in the addendum, including 'Original Agreement', 'Effective Date', 'Departing Buyer', and 'Remaining Buyer'
4. Agreement to Remove Buyer: Express agreement by all parties to remove the Departing Buyer from the Purchase Contract
5. Release of Obligations: Specific terms releasing the Departing Buyer from future obligations under the Purchase Contract
6. Continuing Obligations: Confirmation that the Remaining Buyer(s) will continue to be bound by all terms and conditions of the Original Agreement
7. Representations and Warranties: Confirmations from all parties regarding their capacity and authority to enter into this addendum
8. Effective Date: Specification of when the removal becomes effective
9. General Provisions: Standard clauses regarding governing law, entire agreement, and counterparts
1. Financial Settlement: Terms of any financial settlement between the Departing Buyer and Remaining Buyer(s), used when there are deposit or payment adjustments needed
2. Costs Allocation: Specification of who bears the costs of preparing and executing the addendum, used when costs need to be explicitly allocated
3. Consent of Bondholder: Required when there is an existing mortgage bond and the bank's consent is needed for the buyer removal
4. Indemnification: Used when specific indemnities are required between the Departing Buyer and Remaining Buyer(s)
5. Transfer Duty Implications: Added when there are transfer duty considerations that need to be addressed due to the change in buyers
1. Original Purchase Contract: Copy of the original signed Purchase Contract being amended
2. Financial Settlement Statement: Detailed breakdown of any financial settlements between the parties, if applicable
3. Proof of Bond Holder Consent: Written consent from the mortgage provider, if required
4. Property Details: Full description of the property as per the Original Agreement
Authors
Real Estate
Property Development
Legal Services
Banking and Finance
Construction
Property Management
Residential Property
Commercial Property
Legal
Real Estate
Property Management
Sales
Compliance
Conveyancing
Contract Administration
Risk Management
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Broker
Legal Counsel
Contract Manager
Property Manager
Mortgage Specialist
Real Estate Transaction Coordinator
Compliance Officer
Property Development Manager
Sales Manager
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