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The Offer and Acceptance (Real Estate) agreement is a fundamental document in South African property transactions, used whenever real estate is bought or sold. This document serves a dual purpose: it initially acts as the purchaser's offer to buy and, once accepted by the seller, becomes the binding sale agreement. The document must comply with the Alienation of Land Act 68 of 1981 and related legislation, requiring written form and signatures from all parties. It typically includes comprehensive details about the property, purchase price, payment terms, transfer conditions, warranties, and various other terms and conditions specific to South African property law. This agreement is essential for both residential and commercial property transactions and forms the basis for the subsequent transfer process handled by conveyancing attorneys.

1. Parties: Full identification of the Seller and Purchaser, including legal names, identification/registration numbers, and contact details

2. Background: Brief context setting out that the Seller owns the property and wishes to sell, and the Purchaser wishes to purchase

3. Definitions: Key terms used in the agreement, including 'Property', 'Purchase Price', 'Transfer Date', 'Signature Date', etc.

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

5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements and timeline

6. Payment Terms: Details of how and when payments will be made, including deposit handling and balance payment

7. Conditions Precedent: Essential conditions that must be met for the sale to become final, such as bond approval if applicable

8. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and costs allocation

9. Risk and Possession: When risk and possession will pass to the Purchaser, and associated obligations

10. Warranties: Standard warranties by both parties, including Seller's warranties about the property's condition

11. Estate Agent Commission: Details of estate agent's commission if applicable, including amount and payment terms

12. Breach: Consequences of breach by either party and remedies available

13. Notices: How formal notices between parties should be given and addresses for notices

14. General Terms: Standard legal provisions including whole agreement, variation, and governing law

15. Signing: Execution clause and space for signatures, witnesses, and dates