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Deed Of Sale Of Real Property Form
"I need a Deed of Sale of Real Property Form for a residential property sale in Cape Town, South Africa, with transfer scheduled for March 2025, including a suspensive condition for the buyer to obtain mortgage financing within 30 days."
1. Parties: Full legal details of the Seller and Purchaser, including ID/registration numbers, marital status, and contact details
2. Background: Context of the sale and confirmation that the Seller is the registered owner with right to sell
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Property Description: Detailed description of the property including erf number, physical address, size, and title deed number
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment structure, including deposit arrangements and balance payment requirements
7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property on handover
9. Voetstoots Clause: Statement that property is sold 'as is', subject to Consumer Protection Act provisions where applicable
10. Risk and Benefit: Transfer of risk and benefit of the property to the Purchaser
11. Rates and Taxes: Responsibility for rates, taxes, and charges before and after transfer
12. Agent Commission: Details of estate agent commission if applicable
13. Warranties: Standard warranties by both parties regarding capacity to contract and property condition
14. Breach: Consequences and remedies in case of breach by either party
15. Notices and Domicilia: Legal addresses for service of notices and communication requirements
16. General Terms: Standard legal provisions including whole agreement, variation, and governing law
17. Signature: Execution clause and signature blocks for all parties
1. Bond Clause: Required when purchase is subject to the Purchaser obtaining mortgage finance
2. Sale of Purchaser's Property: Include when the purchase is conditional on the Purchaser selling their existing property
3. Fixtures and Fittings: Detailed list of items included/excluded from the sale when specific items need to be addressed
4. Occupational Rent: Required when occupation date differs from transfer date
5. Special Conditions: Any unique requirements or conditions specific to the transaction
6. Certificate of Compliance: Details regarding electrical, gas, electric fence, or beetle certificates if required
7. Tenant Rights: Required when property is currently leased to tenants
8. FICA Requirements: Detailed requirements for FICA compliance when dealing with foreign buyers or complex structures
1. Schedule A - Property Description: Detailed property description including boundaries, servitudes, and title deed restrictions
2. Schedule B - Fixtures and Fittings: Comprehensive list of all items included in or excluded from the sale
3. Schedule C - Property Condition Report: Detailed report on the current condition of the property and any defects
4. Schedule D - Outstanding Charges: List of all rates, taxes, and charges to be settled before transfer
5. Appendix 1 - Property Plans: Approved building plans and property diagrams
6. Appendix 2 - Compliance Certificates: Copies of all required compliance certificates
7. Appendix 3 - FICA Documents: Copies of required FICA documentation for both parties
8. Appendix 4 - Power of Attorney: If applicable, power of attorney documentation for either party
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Municipal Services
Insurance
Property Investment
Urban Development
Residential Property
Commercial Property
Agricultural Property
Legal
Real Estate
Property Management
Conveyancing
Compliance
Risk Management
Finance
Operations
Sales
Investment
Development
Administration
Document Management
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Developer
Real Estate Manager
Property Investment Advisor
Bank Manager
Mortgage Specialist
Property Valuer
Legal Counsel
Compliance Officer
Property Portfolio Manager
Real Estate Broker
Title Deed Officer
Municipal Property Officer
Real Estate Investment Analyst
Property Operations Manager
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