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Deed Of Sale Of House And Lot Template for South Africa

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Key Requirements PROMPT example:

Deed Of Sale Of House And Lot

"I need a Deed of Sale of House and Lot for a residential property in Cape Town, with a purchase price of R2.5 million, subject to the purchaser obtaining mortgage financing by March 2025, and the property is currently occupied by tenants whose lease expires in June 2025."

Document background
The Deed Of Sale Of House And Lot is a crucial legal document used in South African property transactions to formalize the transfer of residential property ownership. This document is essential whenever a residential property, comprising both building and land, is bought or sold in South Africa. It must comply with several key pieces of legislation, including the Alienation of Land Act 68 of 1981, the Consumer Protection Act, and the Deeds Registries Act. The document includes detailed information about the property, parties involved, purchase price, payment terms, transfer conditions, and various warranties and certificates required under South African law. It serves as the primary agreement between seller and purchaser, forming the basis for the property transfer process and subsequent registration at the Deeds Office.
Suggested Sections

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

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements and securing of balance

6. Payment Terms: Detailed breakdown of how and when payments must be made, including deposit, balance, and transfer costs

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

8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession

9. Voetstoots Clause: Statement regarding the condition of the property and extent of seller's warranties

10. Compliance Certificates: Required certificates including electrical, gas, electric fence, and beetle certificates

11. Risk and Insurance: Transfer of risk and responsibility for insurance

12. Rates and Taxes: Responsibility for municipal rates, taxes, and utilities

13. Estate Agent Commission: Details of estate agent commission if applicable

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

15. Domicilium: Chosen addresses for legal notices and communications

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

Optional Sections

1. Bond Clause: Required when purchase is subject to the buyer obtaining mortgage finance

2. Sale Subject to Prior Property Sale: Used when purchase is conditional on buyer selling their existing property

3. Tenant Provisions: Required when property is currently tenanted, addressing lease agreements and tenant rights

4. Swimming Pool Compliance: Required for properties with swimming pools, addressing safety requirements

5. Body Corporate / HOA Provisions: Required for properties in sectional title or estates

6. Special Conditions: Any unique conditions agreed between parties

7. Fixtures and Fittings: Detailed list of items included/excluded from sale when specific items need to be addressed

8. Building Plans and Alterations: Required when property has unapproved structures or pending alterations

9. NHBRC Enrollment: Required for new properties or recent constructions

Suggested Schedules

1. Schedule A - Property Description: Detailed property specifications including lot size, boundaries, and improvements

2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in and excluded from the sale

3. Schedule C - Defects List: Documented defects or damage to the property acknowledged by both parties

4. Schedule D - Compliance Certificates: Copies of all required compliance certificates

5. Schedule E - Property Plans: Approved building plans and property diagrams

6. Appendix 1 - Property Photos: Photographic record of property condition at time of sale

7. Appendix 2 - Special Conditions: Detailed description of any special conditions agreed between parties

8. Appendix 3 - Body Corporate Rules: If applicable, current body corporate or HOA rules and regulations

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

Legal Services

Banking and Finance

Insurance

Property Development

Construction

Property Management

Public Sector Administration

Facilities Management

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Finance

Risk Management

Operations

Administrative Support

Customer Service

Document Control

Contract Management

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Attorney

Property Manager

Bank Manager

Mortgage Specialist

Property Developer

Legal Counsel

Compliance Officer

Property Valuator

Insurance Underwriter

Municipal Official

Property Inspector

Sales Manager

Contract Administrator

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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