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Deed Of Sale House Only Template for South Africa

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Key Requirements PROMPT example:

Deed Of Sale House Only

"I need a standard Deed of Sale House Only agreement for my property in Cape Town, with transfer to be completed by March 2025 and including all necessary compliance certificates as per South African law."

Document background
The Deed of Sale House Only is a fundamental legal document used in South African property transactions when transferring ownership of residential property from a seller to a purchaser. This document is essential for any house sale in South Africa and must comply with the Alienation of Land Act 68 of 1981, along with other relevant property legislation. It captures all crucial aspects of the property sale, including detailed property description, purchase price, payment terms, transfer conditions, and obligations of both parties. The document serves as the primary agreement between parties and forms the basis for the conveyancing process. It differs from other property sale agreements in that it deals exclusively with the house (immovable property) without including movable contents or additional property elements. The agreement must be in writing and signed by both parties to be legally enforceable in South African courts.
Suggested Sections

1. Parties: Full details of the Seller and Purchaser, including legal names, identity numbers, marital status, and current addresses

2. Background: Brief context of the sale and confirmation that the Seller is the registered owner willing to sell and the Purchaser wishes to purchase the property

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the document

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

5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Details of how and when payments will be made, including deposit arrangements and guarantee requirements

7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and costs allocation

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. Risk and Benefit: When risk transfers to the Purchaser and provisions regarding insurance

11. Warranties and Representations: Standard warranties by both parties, including property condition and capacity to contract

12. Estate Agent Commission: Details of estate agent commission if applicable and who is responsible for payment

13. Breach: Consequences of breach by either party and remedies available

14. Domicilium and Notices: Legal addresses for service of notices and communication requirements

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

Optional Sections

1. Bond Clause: Required if purchase is subject to the Purchaser obtaining mortgage finance, including amount, timing, and conditions

2. Sale of Purchaser's Property: Used when the purchase is conditional on the Purchaser selling their existing property

3. Certificates of Compliance: Details specific certificates required (electrical, gas, electric fence, water) and who bears the cost

4. Occupational Rent: Required if occupation date differs from transfer date, specifying amount and terms

5. Special Conditions: Any unique terms specific to this sale, such as included fixtures or specific repairs

6. FICA Requirements: Detailed requirements for FICA compliance if not covered in main agreement

7. Body Corporate / HOA Provisions: Required for properties in complexes or estates, including rules and levy confirmations

8. Tenant Provisions: Required if property is currently tenanted, including lease details and tenant rights

Suggested Schedules

1. Schedule A - Property Details: Detailed property description, including erf diagram and zoning information

2. Schedule B - Fixtures and Fittings: List of all items included and excluded from the sale

3. Schedule C - Defects List: Disclosure of known defects in the property

4. Schedule D - Compliance Certificates: List of required certificates and their status

5. Appendix 1 - Property Plans: Approved building plans and property layout

6. Appendix 2 - FICA Requirements: Detailed list of required FICA documentation for both parties

7. Appendix 3 - Property Photos: Current dated photographs of the property condition

8. Appendix 4 - Proof of Authority: Any required resolutions or authorizations if parties are entities

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




































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Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Property Management

Professional Services

Residential Property

Relevant Teams

Legal

Real Estate

Conveyancing

Compliance

Property Management

Sales

Risk Management

Document Processing

Customer Relations

Property Finance

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Attorney

Property Manager

Bank Manager

Mortgage Specialist

Legal Counsel

Compliance Officer

Property Valuer

Sales Manager

Property Practitioner

Real Estate Broker

Transaction Coordinator

Property Inspector

Title Deed 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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