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Commercial Real Estate Purchase And Sale Agreement
"I need a Commercial Real Estate Purchase and Sale Agreement for acquiring a multi-tenant office building in Cape Town, South Africa, with existing leases that need to be honored and specific environmental compliance requirements due to the building's coastal location."
1. Parties: Identification and details of the Seller and Purchaser, including registration numbers for companies or ID numbers for individuals
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement
4. Sale of Property: Core terms of the sale, including property description and confirmation of sale
5. Purchase Price: Amount, payment terms, deposit requirements, and payment mechanisms
6. Conditions Precedent: Essential 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. Transfer Costs and Taxes: Allocation of transfer costs, duties, and VAT implications
9. Risk and Possession: Transfer of risk and possession date, obligations regarding insurance
10. Warranties and Representations: Standard warranties by both parties regarding property condition, authority to sell, etc.
11. Property Condition: Current state of the property and any known defects
12. Compliance Certificates: Required certificates and compliance documentation
13. Breach and Termination: Consequences of breach and termination provisions
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal provisions including notices, governing law, and jurisdiction
1. Tenant Rights and Obligations: Required if the property is currently leased to tenants, addressing existing lease agreements
2. Environmental Matters: Required for properties with environmental concerns or requirements
3. Development Rights: Include when there are existing or pending development rights or restrictions
4. Property Management: Needed for transition period management arrangements
5. Due Diligence: Include when there's a due diligence investigation period
6. Financing Conditions: Required when purchase is subject to buyer obtaining financing
7. Agent Commission: Include when real estate agents are involved in the transaction
8. Subdivision Requirements: Required when the transaction involves property subdivision
9. Zoning and Land Use: Include when specific zoning requirements or changes are relevant
1. Property Description Schedule: Detailed description of the property including diagrams and title deed information
2. Purchase Price Schedule: Detailed breakdown of the purchase price, payment terms, and calculations
3. Existing Lease Schedule: Details of current lease agreements and tenant information
4. Inventory Schedule: List of fixtures, fittings, and equipment included in the sale
5. Compliance Certificates Schedule: List and copies of required compliance certificates
6. Due Diligence Checklist: List of documents and information required for due diligence
7. Building Plans and Permits: Copies of approved building plans and permits
8. Property Condition Report: Detailed report on the condition of the property
9. Environmental Reports: Environmental impact assessments or relevant environmental reports
10. Service Agreements: List and copies of existing service contracts affecting the property
Authors
Real Estate
Commercial Property Development
Retail
Manufacturing
Hospitality
Healthcare
Education
Financial Services
Logistics and Warehousing
Professional Services
Industrial
Technology
Legal
Real Estate
Finance
Compliance
Risk Management
Facilities Management
Business Development
Property Management
Asset Management
Operations
Corporate Strategy
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Commercial Director
Legal Counsel
Facilities Manager
Investment Manager
Development Manager
Asset Manager
Property Lawyer
Conveyancing Attorney
Real Estate Broker
Business Development Manager
Risk Manager
Compliance Officer
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