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Cash Real Estate Contract Template for South Africa

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Key Requirements PROMPT example:

Cash Real Estate Contract

"I need a Cash Real Estate Contract for purchasing a residential property in Cape Town, South Africa, with transfer to occur by March 2025, including specific provisions for solar installation compliance and existing tenant rights."

Document background
A Cash Real Estate Contract is essential for documenting property transactions in South Africa where the purchaser is paying the full amount without mortgage financing. This comprehensive agreement ensures compliance with South African property law, particularly the Alienation of Land Act 68 of 1981, and incorporates all necessary elements for a valid property transfer. The document is used when buyers have sufficient funds to purchase property outright, requiring proof of funds and compliance with FICA regulations to prevent money laundering. It includes detailed property descriptions, payment terms, transfer procedures, and various compliance certificates required under South African law. The contract protects both parties' interests by clearly defining their rights and obligations, transfer timing, and property condition warranties, while ensuring all legal requirements for property transfer in South Africa are met.
Suggested Sections

1. Parties: Identification and details of the Seller and Purchaser, including full legal names, identity numbers, and current addresses

2. Background: Brief context of the transaction and confirmation that the Seller wishes to sell and the Purchaser wishes to purchase the property

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Transfer Date', etc.

4. Property Description: Detailed description of the property including erf number, physical address, size, and registration division

5. Purchase Price: Specification of the full purchase price and payment terms, including proof of funds requirements

6. Payment Terms: Details of how and when the purchase price will be paid, including deposit requirements and timing of final payment

7. Transfer and Registration: Process and timing for 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 Clause: Statement that the property is sold 'as is', subject to Consumer Protection Act provisions

10. Costs and Transfer Duties: Allocation of transfer costs, duties, and other associated expenses

11. Risk and Insurance: Transfer of risk and responsibility for insurance of the property

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

13. Compliance Certificates: Requirements for electrical, gas, electric fence, and beetle certificates as applicable

14. Domicilium and Notices: Chosen addresses for legal notices and service of documents

15. General Terms: Standard contractual provisions including whole agreement, variation, and governing law clauses

Optional Sections

1. Agent Commission: Details of estate agent commission if an agent was involved in the transaction

2. Suspensive Conditions: Any conditions that must be met before the agreement becomes fully binding, such as required approvals

3. Bond Cancellation: Terms regarding cancellation of existing bonds on the property, if applicable

4. Tenant Rights: Details of existing lease agreements and tenant rights if the property is currently tenanted

5. Special Conditions: Any unique terms specific to this transaction

6. Fixtures and Fittings: Detailed list of items included/excluded from the sale if needed

7. Property Managers: Management arrangements for sectional title or estate properties if applicable

8. FICA Compliance: Specific requirements for FICA compliance if parties require detailed procedures

Suggested Schedules

1. Schedule A - Property Description: Detailed property specifications, including diagrams and boundary descriptions

2. Schedule B - Fixtures and Fittings: Comprehensive list of all fixtures and fittings included in or excluded from the sale

3. Schedule C - Compliance Certificates: Copies of all required compliance certificates

4. Schedule D - Property Condition Report: Detailed report on the current condition of the property, including any defects

5. Appendix 1 - FICA Requirements: List of required FICA documentation for both parties

6. Appendix 2 - Property Plans: Approved building plans and property diagrams

7. Appendix 3 - Proof of Funds: Documentation proving availability of purchase funds

8. Appendix 4 - Body Corporate Rules: If applicable, current body corporate or homeowners association rules

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































Clauses



































Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Financial Services

Property Management

Urban Development

Residential Property

Commercial Property

Property Investment

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Operations

Due Diligence

Valuations

Risk Management

Contract Administration

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Attorney

Property Manager

Real Estate Developer

Investment Manager

Legal Counsel

Compliance Officer

Property Valuator

Real Estate Broker

Transaction Manager

Contract Administrator

Property Portfolio Manager

Real Estate Investment Analyst

Due Diligence Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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