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Sale Deed
"I need a Sale Deed for the purchase of a commercial property in Cape Town, South Africa, where the seller is VAT-registered and there are existing tenant leases that need to be transferred to the new owner by March 2025."
1. Parties: Full legal names, identification/registration numbers, and addresses of the seller and purchaser
2. Background: Context of the sale and confirmation that the seller is the registered owner of the property
3. Definitions: Definitions of key terms used throughout the deed, including 'Property', 'Transfer Date', 'Purchase Price'
4. Property Description: Detailed legal description of the property including erf number, township, registration division, size, and title deed number
5. Sale Agreement: Express agreement of sale and purchase between the parties
6. Purchase Price: The agreed purchase price and detailed payment terms including deposit requirements
7. Transfer and Registration: Provisions regarding transfer of ownership, appointment of conveyancer, and registration process
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property on transfer
9. Costs and Transfer Duty: Allocation of transfer costs, duties, and taxes between parties
10. Warranties: Standard warranties by the seller regarding property ownership and condition
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Breach and Termination: Consequences of breach and termination provisions
13. Notices and Domicilia: Official addresses for legal notices and communications
14. General Provisions: Standard boilerplate clauses including whole agreement, variation, and governing law
1. VAT Provisions: Required when the seller is VAT-registered and the sale is part of an enterprise
2. Mortgage Bond Conditions: Include when the purchase is subject to the buyer obtaining mortgage financing
3. Estate Agent Commission: Required when an estate agent is involved in the transaction
4. Occupancy Certificate: Required for properties in certain municipalities or for newly constructed properties
5. Special Conditions: Any specific conditions agreed between the parties such as repairs or improvements
6. Alien Occupancy Permit: Required when the purchaser is a foreign national
7. Body Corporate Provisions: Required for sectional title properties
8. Agricultural Land Provisions: Required when the property is agricultural land subject to the Subdivision of Agricultural Land Act
1. Schedule A - Property Description: Detailed technical description of the property including diagrams and survey details
2. Schedule B - Fixtures and Fittings: List of items included and excluded from the sale
3. Schedule C - Title Deed Conditions: Copy of all title deed conditions and servitudes
4. Schedule D - Property Plans: Approved building plans and property layout
5. Appendix 1 - FICA Documents: Copies of required FICA documentation for both parties
6. Appendix 2 - Property Certificates: Electrical, gas, electric fence, and beetle certificates as applicable
7. Appendix 3 - Body Corporate Rules: If applicable, current rules and regulations of the body corporate
8. Appendix 4 - Property Photos: Dated photographs documenting the current condition of the property
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Agricultural
Commercial Property
Residential Property
Municipal Services
Property Investment
Legal
Real Estate
Compliance
Property Management
Risk and Governance
Finance
Corporate Services
Operations
Investment
Administration
Property Lawyer
Conveyancer
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Property Developer
Bank Manager
Mortgage Specialist
Property Valuer
Real Estate Investment Manager
Contract Administrator
Legal Administrator
Property Portfolio Manager
Risk Manager
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