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Agreement For Sale Of Immovable Property
"I need an Agreement for Sale of Immovable Property for a residential property in Cape Town, where the purchase is conditional upon the buyer obtaining mortgage financing by March 2025, and the property is currently occupied by tenants with a lease expiring in June 2025."
1. Parties: Full details of the Seller and Purchaser, including legal names, registration/identity numbers, and contact details
2. Background: Context of the sale and brief description of the transaction
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Sale of Property: Description of the property being sold and confirmation of the sale
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, method of payment, and bank account details
7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession
9. Voetstoots and Property Condition: Statement of property condition, defects, and warranties (if any)
10. Risk and Insurance: Transfer of risk, insurance requirements during the transfer period
11. Rates, Taxes and Charges: Responsibility for municipal rates, taxes, and utility charges
12. Agent's Commission: Details of estate agent's commission if applicable
13. Breach and Termination: Consequences of breach and termination provisions
14. Dispute Resolution: Process for resolving disputes between parties
15. General Terms: Standard legal provisions including notices, whole agreement, and variation
1. Bond Finance: Include when purchase is subject to the buyer obtaining mortgage finance
2. Sale of Purchaser's Property: Include when the purchase is conditional on the sale of the purchaser's existing property
3. Tenant Rights: Include when the property is currently leased to tenants
4. Fixtures and Fittings: Include when specific items are included/excluded from the sale
5. Developer Requirements: Include for new developments or off-plan purchases
6. FICA Requirements: Include detailed Financial Intelligence Centre Act compliance requirements
7. VAT Provisions: Include when the seller is VAT-registered and the sale attracts VAT
8. Body Corporate Rules: Include for sectional title properties
9. Building Plans and Certificates: Include when dealing with specific compliance certificates or building regulations
1. Property Description Schedule: Detailed description of the property including erf number, title deed details, and physical address
2. Fixtures and Fittings List: Comprehensive list of items included in or excluded from the sale
3. Defects Disclosure: List of known defects as disclosed by the seller
4. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
5. Compliance Certificates: List of required certificates (electrical, gas, electric fence, water, etc.)
6. Property Plans: Site plans, building plans, and other relevant diagrams
7. Body Corporate Rules: For sectional title properties, the applicable rules and regulations
8. Special Conditions: Any special conditions agreed between the parties
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Insurance
Urban Development
Residential Property
Commercial Property
Legal
Real Estate
Property Management
Compliance
Sales
Contracts Administration
Conveyancing
Risk Management
Finance
Operations
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Developer
Legal Counsel
Compliance Officer
Property Manager
Sales Manager
Contract Manager
Real Estate Broker
Property Investment Manager
Bank Manager
Mortgage Specialist
Title Deed Officer
Legal Administrator
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