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Owner To Owner House Sale Contract
"I need an Owner To Owner House Sale Contract for a property in Cape Town, with a purchase price of R2.5 million, requiring bank financing approval by March 2025, and including specific provisions for a swimming pool and solar installation."
1. Parties: Identification and details of the Seller and Purchaser, including their full names, identity numbers, and current addresses
2. Background: Brief context of the sale and confirmation that the Seller owns the property and wishes to sell to the Purchaser
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Transfer Date', 'Signature Date', etc.
4. Sale of Property: Core agreement of sale, including precise property description and confirmation of sale
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed structure of payments, including deposit, balance, and securing of funds
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 condition of property upon handover
9. Warranties and Representations: Seller's warranties regarding the property's condition and any material defects
10. Property Condition and Voetstoots: Detailed description of property condition and any voetstoots (as-is) provisions
11. Compliance Certificates: Required certificates including electrical, gas, electric fence, and beetle certificates
12. Risk and Insurance: Transfer of risk and responsibility for insurance
13. Costs and Transfer Duties: Allocation of transfer costs, duties, and professional fees
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 contact details and addresses for legal notices
17. General Terms: Standard contract terms including whole agreement, variation, and governing law
18. Signatures: Execution clause and signature blocks for all parties
1. Bond Approval: Details of mortgage bond requirements when purchaser requires financing
2. Estate Agent Commission: Commission details when the sale involves an estate agent
3. Occupational Rent: Terms for occupational rent if occupation date differs from transfer date
4. Special Conditions: Any special conditions agreed between the parties
5. Fixtures and Fittings: Detailed list of items included/excluded from the sale
6. Body Corporate / HOA Provisions: Required for properties in sectional title or homeowners associations
7. Tenant Provisions: Required if the property is currently tenanted
8. Pool Safety: Compliance with pool safety regulations if property has a swimming pool
1. Schedule A - Property Description: Detailed description of the property including erf number, title deed details, and physical address
2. Schedule B - Fixtures and Fittings: Comprehensive list of all fixtures and fittings included in or excluded from the sale
3. Schedule C - Defects List: Detailed list of known defects as disclosed by the seller
4. Schedule D - Compliance Certificates: Copies of all required compliance certificates
5. Appendix 1 - Property Plans: Building plans and property diagrams
6. Appendix 2 - Property Photos: Dated photographs of the property condition at time of sale
7. Appendix 3 - Proof of Payments: Record of deposit and other payments made
8. Appendix 4 - Body Corporate Rules: If applicable, current body corporate or HOA rules and regulations
Authors
Real Estate
Legal Services
Financial Services
Property Development
Construction
Banking
Insurance
Professional Services
Residential Property
Conveyancing
Legal
Real Estate
Compliance
Property Administration
Conveyancing
Contract Administration
Risk Management
Document Control
Property Transfer
Client Relations
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Manager
Real Estate Broker
Legal Counsel
Compliance Officer
Property Administrator
Contract Manager
Title Deed Officer
Real Estate Transaction Coordinator
Property Transfer Secretary
Bond Originator
Property Valuer
Legal Document Specialist
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