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Short Sale Contract Template for South Africa

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Key Requirements PROMPT example:

Short Sale Contract

"I need a Short Sale Contract for a residential property in Cape Town, where the sale price is 30% below the outstanding mortgage, and the agreement must include specific provisions for the current tenants who have a lease until March 2025."

Document background
The Short Sale Contract is utilized in South African property transactions where the seller, due to financial distress or market conditions, needs to sell their property for less than the outstanding mortgage amount. This document is essential when standard property sales agreements are insufficient due to the involvement of the mortgage holder in approving the sale terms. The contract addresses unique aspects such as lender approval conditions, potential deficiency judgments, and special closing requirements while ensuring compliance with South African property law, including the Property Law Act and Consumer Protection Act. It provides protection for all parties involved and clearly outlines the responsibilities and expectations in what can be a complex transaction involving multiple stakeholders.
Suggested Sections

1. Parties: Identification of the seller, buyer, and current mortgage holder(s)

2. Background: Context of the short sale, including current property value, outstanding mortgage amount, and reason for short sale

3. Definitions: Key terms used in the agreement including Property, Purchase Price, Short Sale, Closing Date

4. Property Description: Detailed legal description of the property including erf number, size, and physical address

5. Purchase Price: Agreed purchase price and acknowledgment that it is below the outstanding mortgage amount

6. Lender Approval: Conditions regarding lender's approval of the short sale and timeline for obtaining approval

7. Due Diligence: Buyer's right to inspect the property and review all relevant documents

8. Closing Conditions: Requirements that must be met before the transaction can close

9. Transfer and Registration: Process and requirements for property transfer and registration

10. Costs and Commission: Allocation of transfer costs, legal fees, and estate agent commission

11. Breach and Termination: Consequences of breach and circumstances allowing termination

12. General Provisions: Standard legal provisions including notices, governing law, and jurisdiction

Optional Sections

1. Tenant Rights: Required if the property is currently occupied by tenants, addressing their rights and notice requirements

2. Multiple Mortgage Holders: Required when there are multiple lenders who need to approve the short sale

3. Deficiency Judgment: Optional section addressing whether the lender reserves the right to pursue a deficiency judgment

4. Repair Requirements: Required if specific repairs must be completed before closing

5. Tax Implications: Optional section addressing potential tax consequences of the short sale

6. Relocation Assistance: Optional section if the seller is eligible for any relocation assistance programs

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property including improvements and fixtures

2. Schedule B - Outstanding Liens: List of all mortgages, liens, and encumbrances on the property

3. Schedule C - Approval Terms: Specific terms required by the mortgage holder for approval of the short sale

4. Appendix 1 - Property Condition Report: Current condition of the property and known defects

5. Appendix 2 - Required Documents: Checklist of documents required from seller for short sale approval

6. Appendix 3 - Timeline: Expected timeline for short sale approval and closing process

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

Banking & Finance

Legal Services

Property Development

Property Management

Financial Services

Mortgage Lending

Relevant Teams

Legal

Real Estate

Property Management

Risk Assessment

Mortgage Services

Compliance

Sales

Conveyancing

Credit Management

Relevant Roles

Real Estate Attorney

Property Lawyer

Conveyancer

Real Estate Agent

Mortgage Broker

Bank Manager

Property Manager

Distressed Asset Manager

Legal Counsel

Property Sales Executive

Risk Manager

Settlement Officer

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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