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Commercial Real Estate Purchase Agreement
"I need a Commercial Real Estate Purchase Agreement for a retail shopping center in Cape Town, South Africa, with completion planned for March 2025, that includes provisions for existing tenant agreements and shopping center management contracts to be transferred to the new owner."
1. Parties: Identification of the seller and purchaser, including registration numbers for companies and trust details if applicable
2. Background: Context of the transaction and brief description of the property and intended use
3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation
4. Sale of Property: Core terms of the sale, including property description and what is included/excluded from the sale
5. Purchase Price: Amount, payment terms, deposit requirements, and payment schedule
6. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes fully effective
7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements
8. Possession and Risk: Date of transfer of possession, risk, and interim period arrangements
9. Warranties and Representations: Standard warranties by both parties regarding the property and their capacity to enter into the agreement
10. Property Condition: Current state of the property and any agreed repairs or modifications
11. Compliance Certificates: Required certificates and inspections for transfer
12. Costs and Transfer Duty: Allocation of transaction costs, transfer duty, and VAT implications
13. Default and Breach: Consequences of breach and remedies available to the parties
14. Notices and Domicilia: Communication requirements and chosen addresses for legal notices
15. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
16. Signature: Execution provisions and signing requirements
1. Tenant Rights and Obligations: Required when the property is currently leased to tenants who will remain after transfer
2. Environmental Matters: Needed for properties with potential environmental concerns or specific environmental requirements
3. Development Rights: Applicable when the property has unused development rights or pending applications
4. Property Management: Required for properties with existing management contracts or services
5. Special Conditions: For unique requirements specific to the particular transaction
6. Due Diligence: When a due diligence period is required before final commitment
7. Fixtures and Fittings: Detailed provisions for valuable fixtures or equipment included in the sale
8. Zoning and Land Use: Specific provisions regarding zoning requirements or restrictions
9. Finance Conditions: When purchase is subject to obtaining financing
10. Property Income: Provisions regarding rental income and service charges if applicable
1. Property Description Schedule: Detailed description of the property including diagram, boundaries, and registration details
2. Purchase Price Schedule: Breakdown of purchase price, payment terms, and calculations
3. Fixture and Fittings Inventory: List of all items included in or excluded from the sale
4. Existing Lease Agreements: Details of current lease agreements affecting the property
5. Due Diligence Checklist: List of documents and information required for due diligence
6. Compliance Certificates Schedule: List of required certificates and their status
7. Property Management Contracts: Details of existing service and management contracts
8. Building Plans and Approvals: Copies of approved building plans and municipal approvals
9. Title Deed Conditions: Copy of title deed and any restrictive conditions
10. Environmental Reports: Any environmental assessments or reports
Authors
Real Estate
Commercial Property
Retail
Industrial
Manufacturing
Hospitality
Healthcare
Education
Financial Services
Professional Services
Logistics
Warehousing
Office Space
Mixed-Use Development
Construction
Legal
Finance
Real Estate
Property Management
Operations
Risk and Compliance
Business Development
Asset Management
Facilities Management
Investment
Due Diligence
Corporate Affairs
Chief Executive Officer
Chief Financial Officer
Property Manager
Real Estate Attorney
Commercial Property Lawyer
Real Estate Development Manager
Facilities Manager
Property Investment Manager
Commercial Director
Operations Director
Asset Manager
Real Estate Broker
Property Acquisition Manager
Legal Counsel
Risk Manager
Financial Controller
Business Development Manager
Property Portfolio Manager
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