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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."
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
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
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
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Real Estate Investment
Urban Development
Residential Property
Commercial Property
Legal
Real Estate
Compliance
Property Management
Sales
Contract Administration
Risk Management
Finance
Operations
Business Development
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
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