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Flat Buying Agreement
"I need a Flat Buying Agreement for a luxury penthouse in Cape Town, with specific provisions for included high-end fixtures and fittings, plus conditions for the installation of a private elevator before transfer date in March 2025."
1. Parties: Details of the Seller and Purchaser, including full legal names, identity numbers, and contact information
2. Background: Context of the transaction, including brief property description and parties' intention to enter into sale agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the sectional title unit, including unit number, floor area, exclusive use areas, and participation quota
5. Purchase Price: Agreed purchase price and payment structure
6. Payment Terms: Details of deposit, balance payment, and securing of funds (e.g., bond requirements)
7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements
8. Occupation: Occupation date, occupational rent if applicable, and conditions of occupation
9. Body Corporate Rules: Acknowledgment and acceptance of body corporate rules and regulations
10. Condition of Property: Current state of property, defects disclosure, and voetstoots clause if applicable
11. Risk and Insurance: Transfer of risk, insurance requirements, and responsibilities
12. Costs and Fees: Allocation of transfer costs, legal fees, and other associated expenses
13. Warranties: Standard warranties by both parties regarding capacity, authority, and property condition
14. Breach: Consequences of breach and remedies available to parties
15. Dispute Resolution: Process for resolving disputes between parties
16. Notices: Communication methods and addresses for formal notices
17. General Provisions: Standard legal provisions including whole agreement, variation, and governing law
1. Bond Approval: Detailed conditions regarding mortgage bond approval - include when purchase is subject to buyer obtaining financing
2. Sale of Purchaser's Property: Conditions related to the sale of purchaser's existing property - include when purchase is subject to another property sale
3. Tenant Rights: Current lease agreements and tenant rights - include when property is currently tenanted
4. Improvements and Fixtures: List of improvements to be made before transfer or specific fixtures included/excluded - include when there are special arrangements regarding fixtures or improvements
5. Managing Agent: Details of building management and contact information - include when there's a managing agent
6. Special Levies: Details of any approved or pending special levies - include when special levies are applicable
7. Retirement Scheme Provisions: Specific provisions required under the Housing Development Schemes for Retired Persons Act - include for retirement properties
1. Schedule A - Property Details: Detailed technical description of property including section number, exclusive use areas, and participation quota
2. Schedule B - Payment Schedule: Detailed breakdown of all payments including deposit, transfer costs, and balance of purchase price
3. Schedule C - Defects List: Comprehensive list of known defects in the property
4. Schedule D - Fixtures and Fittings: Detailed inventory of fixtures and fittings included in the sale
5. Appendix 1 - Body Corporate Rules: Copy of the current body corporate rules and regulations
6. Appendix 2 - Floor Plans: Approved sectional title plans of the unit and common property
7. Appendix 3 - Levy Certificate: Current levy certificate showing amounts payable and any arrears
8. Appendix 4 - Compliance Certificates: Required compliance certificates (electrical, gas, electric fence, etc.)
Authors
Real Estate
Legal Services
Banking and Finance
Insurance
Property Management
Construction and Building
Property Development
Facilities Management
Public Sector - Land Registry
Professional Services
Legal
Real Estate
Property Management
Compliance
Risk Management
Sales
Conveyancing
Contract Administration
Customer Relations
Financial Services
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Manager
Legal Counsel
Compliance Officer
Property Developer
Sales Manager
Contract Manager
Bank Manager
Mortgage Specialist
Property Administrator
Body Corporate Manager
Risk Manager
Insurance Underwriter
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