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Deed Of Conditional Sale Template for South Africa

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Key Requirements PROMPT example:

Deed Of Conditional Sale

"I need a Deed of Conditional Sale for a commercial property in Cape Town, South Africa, where the sale is conditional upon the purchaser obtaining bank financing by March 2025 and includes specific provisions for existing tenant rights."

Document background
The Deed of Conditional Sale is a fundamental document in South African property transactions where certain conditions must be met before the sale can be finalized. This document is particularly important when the sale depends on factors such as the buyer obtaining mortgage finance, the seller completing specific improvements, or the purchaser selling their existing property. The deed must comply with the Alienation of Land Act and other relevant South African property legislation, making it a legally robust instrument for protecting both parties' interests during the conditional period. It includes comprehensive details about the property, parties involved, purchase price, payment terms, and specific conditions that must be fulfilled. The document is commonly used in both residential and commercial property transactions and serves as a bridge between the initial agreement and the final property transfer.
Suggested Sections

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

2. Background: Context of the sale, including brief description of the property and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the deed, ensuring clear interpretation

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

5. Purchase Price: Agreed purchase price, payment terms, and conditions related to payment

6. Conditions Precedent: Specific conditions that must be fulfilled before the sale becomes final

7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements

8. Risk and Possession: Transfer of risk and possession details, including date of possession and occupational rent if applicable

9. Warranties: Seller's warranties regarding the property's condition and title

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

11. Breach: Consequences and remedies in case of breach by either party

12. Notices and Domicilia: Communication requirements and chosen domicilia citandi et executandi

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

14. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Bond Finance: Include when purchase is subject to the buyer obtaining mortgage finance, detailing conditions and timeframes

2. Sale of Purchaser's Property: Include when sale is conditional upon the purchaser selling their existing property

3. Occupational Rent: Include when there's a gap between possession and transfer, specifying rental amount and terms

4. Property Condition: Include detailed property condition terms when selling property 'voetstoots' or with specific defects

5. Agent Commission: Include when an estate agent is involved, detailing commission arrangements

6. Fixtures and Fittings: Include when specific items are included/excluded from the sale

7. Tenant Rights: Include when the property is currently tenanted, addressing existing lease agreements

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the property including boundaries, servitudes, and title deed extract

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms, installments, and due dates

3. Schedule C - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale

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

5. Appendix 1 - Property Plans: Approved building plans, site plans, and architectural drawings

6. Appendix 2 - Compliance Certificates: Copies of required compliance certificates (electrical, gas, electric fence, etc.)

7. Appendix 3 - Title Deed: Copy of the current title deed

8. Appendix 4 - FICA Documents: Copies of required FICA documentation for both parties

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

Banking and Finance

Legal Services

Property Management

Real Estate Investment

Urban Development

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Contract Administration

Risk Management

Finance

Operations

Business Development

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Property Developer

Real Estate Manager

Legal Counsel

Property Portfolio Manager

Compliance Officer

Real Estate Broker

Transaction Manager

Property Acquisition Manager

Real Estate Investment Manager

Contract Administrator

Property Sales Executive

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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