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Deed Of Sale With Special Power Of Attorney
"I need a Deed of Sale with Special Power of Attorney for selling my residential property in Cape Town while I'm residing in Australia, appointing my sister as my legal representative to handle all transfer-related matters with a planned transfer date of March 2025."
1. Parties: Identification of the Seller and Purchaser with full legal names, identification/registration numbers, and addresses
2. Background: Context of the sale and the need for the power of attorney
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Property Description: Detailed legal description of the property including erf number, physical address, and extent
5. Sale Agreement: Core terms of the sale including purchase price, payment terms, and transfer date
6. Property Condition: Statement of the property's condition and any voetstoots (as-is) provisions
7. Risk and Possession: Transfer of risk and possession arrangements
8. Transfer and Registration: Process and obligations regarding property transfer and registration
9. Power of Attorney Appointment: Formal appointment of attorney(s) with specified powers
10. Scope of Authority: Detailed description of powers granted to the attorney(s)
11. Warranties and Representations: Warranties by both parties regarding the property and their capacity
12. Costs and Transfer Duty: Allocation of transfer costs, duties, and other expenses
13. Breach and Remedies: Consequences of breach and available remedies
14. Notices and Domicilia: Communication methods and chosen domicilia citandi et executandi
15. General Terms: Standard boilerplate clauses including whole agreement, variation, and governing law
16. Execution: Signature provisions and witness requirements
1. Occupancy Provisions: Required when the property is currently occupied by tenants or other occupants
2. Special Conditions: Used when there are unique requirements or conditions for the specific transaction
3. Joint and Several Liability: Required when there are multiple purchasers or sellers
4. Agent Commission: Needed when a property agent is involved in the transaction
5. Mortgage Bond Provisions: Required when the purchase is subject to the buyer obtaining mortgage finance
6. Improvements and Fixtures: Needed when specific improvements or fixtures need to be detailed or excluded
7. FICA Compliance: Required for transactions involving trust accounts or when specified by the conveyancer
1. Schedule A - Property Description: Detailed technical description of the property including diagrams and zoning information
2. Schedule B - Purchase Price Payment Terms: Detailed breakdown of payment structure and timelines
3. Schedule C - Fixture and Fittings List: Comprehensive list of items included in or excluded from the sale
4. Schedule D - Special Power of Attorney Terms: Detailed scope of powers granted to the attorney
5. Schedule E - Property Condition Report: Detailed report on the condition of the property at time of sale
6. Appendix 1 - Property Plans and Diagrams: Official property plans and surveyor diagrams
7. Appendix 2 - Compliance Certificates: Copies of required compliance certificates (electrical, gas, electric fence, etc.)
Authors
Real Estate
Legal Services
Property Development
Banking and Finance
Construction
Property Management
Conveyancing
Professional Services
Public Sector
Legal
Real Estate
Compliance
Property Management
Conveyancing
Document Management
Property Development
Risk Management
Administrative Support
Client Relations
Property Lawyer
Conveyancer
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Property Developer
Real Estate Broker
Transaction Manager
Property Practitioner
Title Deed Officer
Property Transfer Secretary
Legal Administrator
Real Estate Investment Manager
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