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The Agreement To Sell Land is a crucial legal document used in South African property transactions to formalize the sale and purchase of immovable property. It serves as the foundational contract that governs the entire property transfer process, ensuring compliance with the Alienation of Land Act 68 of 1981 and other relevant property legislation. This agreement is essential whenever immovable property is bought or sold, whether for residential, commercial, or agricultural purposes. It must contain specific mandatory provisions required by South African law, including written format, signatures of all parties, clear property description, and purchase price. The document typically includes conditions precedent, payment terms, transfer arrangements, warranty provisions, and risk allocation between parties. It forms the basis for the subsequent property transfer process and serves as the primary reference document for conveyancers handling the transaction.

1. Parties: Identification and full details of the Seller and Purchaser, including registration/identity numbers and addresses

2. Background: Context of the transaction and brief description of the parties' intention to enter into a land sale agreement

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement

4. Property Description: Detailed description of the property including erf number, title deed number, physical address, and extent

5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements

6. Payment Terms: Detailed structure of payments, including timing, method, and banking details

7. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes fully effective

8. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and costs allocation

9. Risk and Possession: When risk passes to the purchaser and arrangements for possession of the property

10. Warranties and Representations: Standard warranties by both parties regarding their capacity to contract and property condition

11. Agent's Commission: Details of estate agent's commission if applicable and responsibility for payment

12. Breach and Termination: Consequences of breach and remedies available to the parties

13. Dispute Resolution: Process for resolving disputes between the parties

14. General Provisions: Standard boilerplate clauses including notices, whole agreement, and variation requirements