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Simple Real Estate Contract
"I need a Simple Real Estate Contract for the private sale of my residential property in Cape Town, with transfer scheduled for March 2025, where the buyer will be purchasing with a combination of cash and mortgage financing."
1. Parties: Identification of the Seller and Purchaser with their full legal names, identity numbers, and current addresses
2. Background: Brief context of the transaction and confirmation that the Seller wishes to sell and the Purchaser wishes to purchase the property
3. Definitions: Key terms used in the agreement including 'Property', 'Purchase Price', 'Transfer Date', and other relevant definitions
4. Property Description: Detailed legal description of the property including erf number, physical address, size, and title deed number
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payments will be made, including deposit arrangements and balance payment
7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and responsibilities for transfer costs
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property upon handover
9. Risk and Insurance: Transfer of risk and responsibility for insurance of the property
10. Warranties: Standard warranties by both parties regarding their capacity to enter into the agreement and the state of the property
11. Breach: Consequences of breach by either party and remedies available
12. Notices: How formal notices between parties should be delivered and received
13. General Terms: Standard contractual provisions including whole agreement clause, variation requirements, and governing law
1. Voetstoots Clause: Optional clause for selling property 'as is' - used when the Consumer Protection Act doesn't apply to the seller
2. Tenant Rights: Required when the property is currently occupied by tenants, describing their rights and existing lease agreements
3. Bond Clause: Suspensive condition regarding the purchaser obtaining mortgage finance - included when purchaser requires financing
4. Sale of Purchaser's Property: Suspensive condition linking this purchase to the sale of the purchaser's existing property
5. Special Conditions: Any unique requirements or conditions specific to this transaction
6. Agent Commission: Details of estate agent's commission when a property practitioner is involved
7. Fixtures and Fittings: Detailed list of items included/excluded from the sale when there's need for specific clarity
1. Schedule A - Property Details: Comprehensive description of the property including boundary details, zoning information, and servitudes
2. Schedule B - Fixture and Fittings List: Detailed inventory of all items included in or excluded from the sale
3. Schedule C - Defects Disclosure: Seller's disclosure of known defects in the property
4. Schedule D - Compliance Certificates: List of required compliance certificates and their status
5. Appendix 1 - Property Plans: Official property diagrams and approved building plans
6. Appendix 2 - Proof of Payment: Copy of deposit payment proof and payment schedule
Authors
Real Estate
Legal Services
Financial Services
Property Development
Construction
Insurance
Property Management
Banking
Professional Services
Legal
Real Estate
Sales
Compliance
Property Management
Business Development
Operations
Risk Management
Documentation
Contract Administration
Real Estate Agent
Property Lawyer
Conveyancer
Property Manager
Legal Counsel
Contract Manager
Property Developer
Sales Manager
Business Development Manager
Compliance Officer
Real Estate Broker
Title Examiner
Property Administrator
Transaction Coordinator
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