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Offer To Purchase Commercial (Real Estate)
"I need an Offer To Purchase Commercial (Real Estate) agreement for buying a multi-tenant office building in Cape Town, with specific provisions for existing tenants and a phased payment structure with the final payment due March 2025."
1. Parties: Full legal identification of the Seller and Purchaser, including registration numbers for companies/trusts
2. Background: Context of the transaction and brief property description
3. Definitions: Definitions of key terms used throughout the document
4. Property Description: Detailed description of the property including erf number, physical address, size and zoning
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payment will be made, including deposit arrangements
7. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes binding
8. Due Diligence: The purchaser's right to investigate the property and business, including timeframes
9. Warranties: Standard warranties provided by the seller regarding the property
10. Transfer and Registration: Process and timing for property transfer, including appointment of conveyancers
11. Risk and Possession: When risk and possession pass to the purchaser
12. Costs and Taxes: Allocation of transfer costs, taxes, and other expenses
13. Breach: Consequences of breach by either party and remedies available
14. Notices and Domicilia: How formal notices must be given and parties' chosen addresses
15. General Terms: Standard boilerplate clauses including entire agreement, variation, and governing law
16. Signing: Execution clause and signing details
1. VAT: Required when the transaction is subject to VAT instead of transfer duty
2. Existing Tenancies: Required when the property has existing tenants, detailing their rights and obligations
3. Property Management: Used when interim property management arrangements are needed between signature and transfer
4. Environmental Matters: Required for properties with potential environmental concerns or compliance requirements
5. Development Rights: Include when the property has unused development rights or pending applications
6. Asset Sale: Required when the sale includes business assets beyond just the property
7. Seller Financing: Include when the seller is providing any form of financing
8. Building Compliance: Detailed section on building compliance when selling newer structures or where compliance is a specific concern
1. Property Schedule: Detailed property description including plans, diagrams, and zoning certificates
2. Fixtures and Fittings: Comprehensive list of items included/excluded in the sale
3. Due Diligence Checklist: List of documents and information to be provided for due diligence
4. Lease Schedule: Details of all existing leases and tenant information
5. Financial Information: Relevant financial information including rental schedules and operating costs
6. Compliance Certificates: List of required compliance certificates and their status
7. Property Condition Report: Detailed report on the current condition of the property
8. Transfer Cost Calculation: Estimated transfer costs and who bears which costs
Authors
Real Estate
Commercial Property
Retail
Industrial
Office Space
Hospitality
Healthcare
Education
Logistics
Manufacturing
Financial Services
Professional Services
Technology
Warehousing
Mixed-Use Development
Legal
Finance
Real Estate
Operations
Facilities Management
Risk and Compliance
Business Development
Property Management
Corporate Development
Investment
Treasury
Acquisitions
Asset Management
Chief Executive Officer
Chief Financial Officer
Commercial Property Manager
Real Estate Developer
Property Investment Manager
Corporate Lawyer
Legal Counsel
Property Portfolio Manager
Facilities Manager
Business Development Manager
Commercial Director
Operations Director
Real Estate Agent
Property Broker
Conveyancing Attorney
Risk Manager
Compliance Officer
Financial Director
Property Valuer
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