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The Private Sale Home Purchase Agreement is a crucial legal document used in South African residential property transactions where the sale is conducted directly between private individuals without primary estate agency involvement. This agreement is essential for documenting the terms and conditions of property sales in compliance with the Alienation of Land Act 68 of 1981 and other relevant South African legislation. It covers all aspects of the property transaction, including property description, purchase price, payment terms, transfer conditions, compliance requirements, and the rights and obligations of both parties. The document is designed to protect both buyer and seller interests while ensuring the transaction meets all legal requirements for property transfer in South Africa. It includes provisions for necessary compliance certificates, FICA requirements, and can accommodate additional conditions such as mortgage finance or property inspection requirements.

1. Parties: Identification and full details of the Seller and Purchaser, including ID numbers, marital status, and contact details as required by FICA

2. Background: Brief context of the sale and confirmation that the Seller owns and wishes to sell, and the Purchaser wishes to purchase the property

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Transfer Date', and other relevant terms

4. Sale: The core agreement of sale, describing the property being sold and purchased

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

6. Payment Terms: Detailed breakdown of how and when payments will be made, including deposit handling and timeline for securing financing

7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and obligations of both parties

8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession

9. Voetstoots and Property Condition: Statement of the property's condition and extent of seller's warranties, subject to Consumer Protection Act requirements

10. Risk and Insurance: Transfer of risk and responsibility for insurance between parties

11. Rates, Taxes and Charges: Responsibility for municipal rates, taxes, and utility charges before and after transfer

12. Estate Agent Commission: Details of estate agent commission if applicable and who is responsible for payment

13. Breach: Consequences and remedies in case of breach by either party

14. Notices and Domicilia: Official addresses for legal notices and communication

15. General Terms: Standard contractual provisions including whole agreement, variation, and governing law

16. Signatures: Execution clause and signature blocks for all parties and witnesses