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Deed Of Sale With Attorney In Fact

Deed Of Sale With Attorney In Fact Template for South Africa

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Key Requirements PROMPT example:

Deed Of Sale With Attorney In Fact

"I need a Deed of Sale with Attorney in Fact for a commercial property sale in Cape Town, South Africa, where my overseas-based father is selling his warehouse through me as his representative, with transfer planned for March 2025."

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Document background
The Deed Of Sale With Attorney In Fact is a specialized legal instrument used in South African property transactions where the seller authorizes a representative to act on their behalf in the sale process. This document is particularly relevant when sellers cannot personally attend to property transfer matters, such as in cases of overseas residence, physical inability, or business commitments. The deed incorporates standard sale provisions required under South African law while also defining the scope and limitations of the attorney in fact's powers. It must comply with the Alienation of Land Act 68 of 1981, the Powers of Attorney Act, and the Deeds Registries Act 47 of 1937, ensuring proper property transfer and registration. The document includes detailed property descriptions, purchase terms, warranties, and specific authorizations for the appointed representative.
Suggested Sections

1. Parties: Identification of the Seller, Buyer, and Attorney in Fact, including full legal names, identity numbers, and contact details

2. Background: Context of the sale and appointment of the Attorney in Fact

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

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

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

6. Power of Attorney: Scope and limitations of the Attorney in Fact's authority

7. Transfer and Registration: Process and requirements for property transfer and registration

8. Possession and Occupation: Date of occupation and conditions for possession

9. Warranties: Seller's warranties regarding the property's condition and title

10. Risk and Insurance: Transfer of risk and insurance requirements

11. Costs and Transfer Duty: Allocation of transfer costs, duties, and other expenses

12. Breach: Consequences and remedies for breach of contract

13. Notices and Domicilia: Communication methods and legal addresses for notices

14. General Terms: Standard contractual provisions including entire agreement, variation, and governing law

Optional Sections

1. Occupational Rent: Required when there's a gap between occupation and transfer dates

2. Fixtures and Fittings: Needed when specific items are included/excluded from the sale

3. Tenant Rights: Required when the property is currently leased

4. Bond Cancellation: Included when existing bonds need to be cancelled

5. Special Conditions: For property-specific conditions or requirements

6. Agent Commission: Required when an estate agent is involved

7. Compliance Certificates: When specific certificates are required for the property type

8. Sectional Title Provisions: Required for sectional title properties

Suggested Schedules

1. Schedule A - Property Details: Detailed property description including boundaries and servitudes

2. Schedule B - Power of Attorney: Original or certified copy of Power of Attorney document

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and dates

4. Schedule D - Fixtures and Fittings: List of items included in or excluded from the sale

5. Schedule E - Compliance Certificates: List of required certificates and their status

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

7. Appendix 2 - Title Deed: Copy of current title deed

8. Appendix 3 - Identity Documents: Copies of all parties' identity documents

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

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Insurance

Agricultural (for farm properties)

Commercial Property

Residential Property

Industrial Property

Retail Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Contract Administration

Property Development

Conveyancing

Sales

Risk Management

Documentation

Relevant Roles

Property Lawyer

Conveyancing Attorney

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Contract Manager

Property Developer

Estate Administrator

Real Estate Broker

Title Deed Officer

Property Transfer Secretary

Legal Administrator

Real Estate Transaction Coordinator

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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