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Land Real Estate Contract
"I need a Land Real Estate Contract for the purchase of a residential property in Cape Town, with a completion date of March 15, 2025, that includes specific conditions for mortgage financing and allows for early occupation by the purchaser."
1. Parties: Full legal names, registration/identity numbers, and addresses of the seller and purchaser
2. Background: Context of the sale, including brief property description and intention of parties
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Property Description: Detailed legal description of the property including erf number, title deed number, physical address, and size
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, method of payment, and banking details
7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession
9. Voetstoots Clause: Statement that property is sold 'as is' with any patent or latent defects
10. Warranties and Representations: Warranties given by both parties regarding the property and their capacity to enter into the agreement
11. Risk and Insurance: Transfer of risk and responsibility for insurance of the property
12. Rates and Taxes: Responsibility for municipal rates, taxes, and utilities
13. Estate Agent Commission: Details of estate agent commission if applicable
14. Breach: Consequences and remedies in case of breach by either party
15. Dispute Resolution: Process for resolving disputes between parties
16. Notices and Domicilia: Official addresses for legal notices and communication
17. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
1. Mortgage Bond Clause: Required when purchase is subject to the buyer obtaining mortgage financing
2. Sale of Purchaser's Property: Include when the purchase is conditional on the buyer selling their existing property
3. Occupational Rent: Required when there's a gap between occupation and transfer dates
4. Fixtures and Fittings: Detailed list of items included/excluded from sale when necessary
5. Statutory Compliance: For properties requiring specific certificates of compliance
6. Tenant Rights: Required when property is currently leased to tenants
7. Development Conditions: For vacant land or property with development potential
8. Body Corporate Rules: Required for sectional title properties
9. Special Conditions: Any unique conditions specific to the transaction
1. Schedule A - Property Description: Detailed technical description of property including diagrams and surveys
2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale
3. Schedule C - Defects List: List of known defects disclosed by the seller
4. Schedule D - Certificates of Compliance: List of required compliance certificates and their status
5. Schedule E - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
6. Appendix 1 - Property Plans: Official plans, diagrams, and zoning certificates
7. Appendix 2 - Title Deed: Copy of current title deed
8. Appendix 3 - Municipal Account: Recent municipal account showing rates and taxes
9. Appendix 4 - Compliance Certificates: Copies of all required compliance certificates
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Urban Development
Agriculture (for farm land)
Commercial Property
Residential Property
Industrial Property
Public Sector Housing
Property Investment
Tourism and Hospitality
Legal
Real Estate
Property Management
Compliance
Sales
Business Development
Finance
Risk Management
Operations
Facilities Management
Investment
Documentation
Due Diligence
Contract Administration
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Developer
Real Estate Broker
Property Manager
Legal Counsel
Compliance Officer
Property Valuator
Financial Advisor
Mortgage Specialist
Building Inspector
Town Planner
Development Manager
Sales Manager
Contract Manager
Property Investment Analyst
Real Estate Investment Manager
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