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Deed Of Sale Of Property
"I need a Deed of Sale of Property for a commercial building in Cape Town, where the purchaser is a foreign company requiring FICA compliance, with transfer scheduled for March 2025, and the property has existing tenants whose leases need to be honored."
1. Parties: Full details of the Seller and Purchaser including legal names, identity/registration numbers, and domicilium addresses
2. Background: Context of the sale and confirmation that the Seller wishes to sell and the Purchaser wishes to purchase the property
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Transfer Date', etc.
4. Property Description: Detailed legal description of the property including erf number, physical address, and extent
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 conveyancers, 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. Risk and Insurance: Transfer of risk and responsibility for insurance of the property
11. Rates and Taxes: Responsibility for municipal rates, taxes, and utilities
12. Agent's Commission: Details of estate agent's commission if applicable
13. Breach: Consequences of breach by either party and remedies available
14. Dispute Resolution: Process for resolving disputes between parties
15. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
1. Mortgage Bond: Include when purchaser requires bond financing, detailing conditions and timelines
2. Existing Tenancies: Required when property is subject to existing lease agreements
3. Special Conditions: For any unique requirements or conditions specific to the transaction
4. Fixtures and Fittings: Detailed list of items included/excluded from sale when necessary to specify
5. FICA Compliance: Specific requirements for FICA compliance when dealing with foreign buyers or complex structures
6. Property Syndication: Required for multiple purchasers buying together
7. Development Conditions: For properties in developments or subject to development rights
8. Certificates of Compliance: Specific arrangements regarding electrical, gas, electric fence, or beetle certificates
1. Schedule A - Property Description: Detailed property description including boundary details, servitudes, and title deed conditions
2. Schedule B - Fixtures and Fittings: Comprehensive list of all fixtures and fittings included in or excluded from the sale
3. Schedule C - Defects List: List of known defects disclosed by the seller
4. Schedule D - Compliance Certificates: List of required compliance certificates and responsibility for obtaining them
5. Appendix 1 - Property Plans: Site plans, building plans, and layout drawings of the property
6. Appendix 2 - Title Deed: Copy of the current title deed
7. Appendix 3 - FICA Requirements: List of required FICA documentation for both parties
8. Appendix 4 - Proof of Payment: Proof of deposit payment and guarantee requirements
Authors
Real Estate
Property Development
Banking and Finance
Legal Services
Construction
Retail
Hospitality
Industrial
Agriculture
Commercial Property
Residential Property
Property Investment
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Operations
Commercial
Business Development
Sales
Documentation
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Manager
Real Estate Developer
Commercial Property Manager
Legal Counsel
Compliance Officer
Property Investment Manager
Real Estate Portfolio Manager
Bank Manager
Mortgage Specialist
Property Valuer
Real Estate Broker
Title Deed Officer
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