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Deed Of Sale Signed By Attorney In Fact

Deed Of Sale Signed By Attorney In Fact Template for South Africa

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Key Requirements PROMPT example:

Deed Of Sale Signed By Attorney In Fact

"I need a Deed of Sale Signed by Attorney in Fact for a residential property sale in Cape Town, where the seller is permanently based in Australia and needs their South African attorney to handle the full transaction, with transfer scheduled for March 2025."

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Document background
The Deed Of Sale Signed By Attorney In Fact is a specialized property transaction document used in South Africa when the property seller cannot personally execute the sale agreement. This document is particularly relevant when sellers are abroad, incapacitated, or when corporate entities require authorized representatives to act on their behalf. It combines standard property sale requirements with specific provisions validating the Attorney in Fact's authority to act. The document must comply with multiple pieces of legislation, including the Alienation of Land Act, Powers of Attorney Act, and Deeds Registries Act. It's essential for both residential and commercial property transactions and requires careful drafting to ensure all legal requirements are met, particularly regarding the power of attorney's scope and validity.
Suggested Sections

1. Parties: Identification of the Seller and Purchaser, including the Attorney in Fact's details and their capacity to act

2. Background: Context of the sale and confirmation of the Attorney in Fact's authority to act on behalf of the principal

3. Definitions: Key terms used in the agreement, including property-specific and legal terminology

4. Property Description: Detailed description of the property being sold, including erf number, physical address, and extent

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

6. Payment Terms: Detailed structure of payments, including timing, method, and account details

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

8. Possession and Occupation: Date of transfer of possession and occupation, associated costs and responsibilities

9. Voetstoots Clause: Property sold 'as is' clause and declarations regarding property condition

10. Risk and Benefit: Transfer of risk and benefit of the property

11. Agent's Commission: Details of estate agent's commission if applicable

12. Warranties and Representations: Standard warranties by both parties regarding capacity to contract and property status

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

14. Notices and Domicilia: Official contact details and addresses for legal notices

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

Optional Sections

1. Bond Finance: Include when purchaser requires mortgage finance, detailing conditions and timelines

2. Occupancy Certificate: Required when property includes buildings requiring compliance certificates

3. Existing Tenancies: Include when property is currently let to tenants

4. Special Conditions: Any unique terms specific to this transaction

5. FICA Compliance: Include detailed FICA requirements when parties are subject to verification

6. Capital Gains Tax: Include when seller needs to comply with CGT requirements

7. Property Syndication: Include when property is sold as part of a syndication scheme

8. Development Conditions: Include when property is part of a development or has development obligations

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of property, including diagrams and zoning information

2. Schedule B - Power of Attorney: Copy of Power of Attorney document authorizing the Attorney in Fact

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments if applicable

4. Schedule D - Inventory: List of movable items included/excluded in the sale

5. Schedule E - Defects List: Documented defects or special repair requirements

6. Appendix 1 - Property Plans: Approved building plans and property diagrams

7. Appendix 2 - Compliance Certificates: Copies of required compliance certificates

8. Appendix 3 - Entity Resolutions: Company/trust resolutions authorizing the sale if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses


































Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Property Management

Corporate Services

Investment & Asset Management

Professional Services

Municipal Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Conveyancing

Corporate Affairs

Risk Management

Operations

Finance

Administration

Relevant Roles

Property Lawyer

Conveyancing Attorney

Real Estate Agent

Property Manager

Legal Counsel

Corporate Attorney

Compliance Officer

Property Developer

Investment Manager

Real Estate Broker

Bank Manager

Title Deed Officer

Property Transfer Secretary

Real Estate Transaction Coordinator

Legal 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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