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Land Contract
"I need a Land Contract for the purchase of a commercial property in Cape Town, with a phased payment structure and development rights included, to be finalized by March 2025."
1. Parties: Full legal names, identification/registration numbers, and addresses of the seller and purchaser
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the contract
4. Property Description: Detailed legal description of the property including erf number, title deed number, and physical address
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payments will be made, including any installment arrangements
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 conditions for possession
9. Warranties and Representations: Seller's warranties regarding the property's condition, title, and any encumbrances
10. Costs and Transfer Duty: Allocation of transfer costs, legal fees, and transfer duty responsibilities
11. Risk and Insurance: Transfer of risk and insurance requirements until registration
12. Breach and Termination: Consequences of breach and termination provisions
13. Notices and Domicilia: How formal notices will be given and parties' chosen domicilia citandi et executandi
14. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
1. Suspensive Conditions: Conditions that must be met before the agreement becomes fully binding, such as mortgage bond approval
2. Development Rights: Include when the property has potential for development or subdivision
3. Tenant Rights: Required if the property is currently leased to tenants
4. Agricultural Provisions: Specific provisions required for agricultural land under Act 70 of 1970
5. Environmental Conditions: Required if there are environmental concerns or requirements
6. Mineral Rights: Include if mineral rights are relevant to the property
7. Agent Commission: Include if an estate agent is involved in the transaction
8. FICA Requirements: Specific section dealing with Financial Intelligence Centre Act requirements if needed
1. Schedule A - Property Details: Detailed property description, including diagrams and zoning information
2. Schedule B - Fixtures and Fittings: List of items included and excluded from the sale
3. Schedule C - Title Deed Conditions: Copy of or extract from the title deed conditions
4. Schedule D - Property Plans: Site plans, building plans, and survey diagrams
5. Schedule E - Compliance Certificates: List of required compliance certificates and their status
6. Appendix 1 - Property Photos: Current photographs of the property and improvements
7. Appendix 2 - Proof of Payment: Records of deposit and other payments made
8. Appendix 3 - Power of Attorney: If applicable, power of attorney documentation for either party
Authors
Real Estate
Agriculture
Commercial Property
Residential Property
Industrial Property
Mining
Retail
Hospitality
Construction
Urban Development
Property Investment
Banking and Finance
Legal
Real Estate
Property Management
Compliance
Commercial
Development
Operations
Finance
Risk Management
Acquisitions
Property Services
Land Administration
Property Lawyer
Real Estate Agent
Property Developer
Conveyancing Attorney
Legal Counsel
Property Manager
Land Surveyor
Commercial Director
Real Estate Investment Manager
Property Acquisitions Manager
Legal Director
Compliance Officer
Development Manager
Agricultural Land Manager
Real Estate Portfolio Manager
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