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Seller Financing Addendum Template for South Africa

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Key Requirements PROMPT example:

Seller Financing Addendum

"I need a Seller Financing Addendum for a residential property sale in Cape Town, where I'm offering 60% seller financing over 5 years with a 12% interest rate, requiring monthly payments starting March 2025, and I want to include special provisions for early repayment options."

Document background
The Seller Financing Addendum is utilized in South African property transactions where traditional bank financing is either unavailable or not preferred by the parties. This document serves as an addendum to the main sale agreement, establishing the terms under which the seller will provide financing to the buyer. It must comply with the National Credit Act 34 of 2005, the Alienation of Land Act, and other relevant South African legislation. The addendum includes critical information such as the loan amount, interest rate, repayment terms, security arrangements, and default provisions. It's particularly useful in situations involving owner financing, investment properties, or when buyers face challenges obtaining traditional mortgage financing. The document must incorporate mandatory consumer protection provisions and statutory disclosures required by South African law.
Suggested Sections

1. Parties: Identification of the Seller (as credit provider) and Buyer (as credit receiver), including full legal names, registration/identity numbers, and addresses

2. Background: Context of the main sale agreement and the need for seller financing arrangement

3. Definitions: Key terms used in the addendum, including financial terms, property description, and reference to the main agreement

4. Loan Amount and Terms: Details of the financing amount, interest rate, term length, and payment schedule

5. Security Arrangements: Description of security measures including mortgage bond registration requirements and additional security if applicable

6. Payment Terms: Detailed payment obligations, including installment amounts, due dates, and payment methods

7. Interest Calculation: Method of interest calculation, compliance with Prescribed Rate of Interest Act, and interest adjustment provisions

8. Default Provisions: Consequences of default, notice requirements, and remedies available to the seller

9. Compliance Declarations: Statements ensuring compliance with National Credit Act requirements and other applicable legislation

10. General Terms: Standard contract provisions including notices, entire agreement, and governing law

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage is needed for the property or life insurance for the buyer

2. Early Repayment Terms: Include when early repayment options are allowed, specifying any penalties or calculations

3. Property Maintenance Requirements: Needed when seller requires specific maintenance standards while financing is in place

4. Transfer of Rights: Include when assignment or transfer of rights under the financing arrangement is permitted

5. Additional Security Arrangements: Required when additional collateral or personal sureties are part of the financing arrangement

6. Credit Life Insurance: Include when mandatory credit life insurance is required as per National Credit Act thresholds

Suggested Schedules

1. Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal allocations

2. Property Details: Complete property description, including deed details and current market valuation

3. Pre-Agreement Statement: Statutory disclosure as required by the National Credit Act

4. Cost of Credit: Breakdown of all costs associated with the financing arrangement

5. Security Documents: Copies or details of all security arrangements and registrations

6. Compliance Certificates: Copies of necessary compliance certificates and registrations under applicable laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses




























Relevant Industries

Real Estate

Property Development

Financial Services

Legal Services

Construction

Property Investment

Residential Property

Commercial Property

Banking

Insurance

Relevant Teams

Legal

Real Estate

Compliance

Credit Risk

Property Management

Sales

Documentation

Risk Management

Finance

Operations

Relevant Roles

Real Estate Attorney

Property Lawyer

Conveyancing Attorney

Real Estate Agent

Property Developer

Credit Manager

Compliance Officer

Legal Counsel

Property Investment Manager

Contract Manager

Real Estate Broker

Property Sales Manager

Credit Risk Officer

Documentation Specialist

Property Portfolio Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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