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Title Transfer Agreement
"I need a Title Transfer Agreement for a commercial property in Cape Town, with completion scheduled for March 2025, including special provisions for existing tenants and VAT registration."
1. Parties: Full legal names and details of the transferor and transferee, including registration numbers for entities or ID numbers for individuals
2. Background: Context of the transfer, including brief property history and purpose of the transfer
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including erf number, title deed number, and physical address
5. Purchase Price and Payment: Details of the consideration for the transfer, payment terms and methods
6. Transfer and Registration: Process and timing for transfer, including appointment of conveyancer and registration requirements
7. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition
8. Risk and Possession: Transfer of risk and possession details, including effective date
9. Costs and Transfer Duty: Allocation of transfer costs, duties, and taxes
10. Compliance Certificates: Requirements for electrical, gas, electric fence, and beetle certificates as applicable
11. Breach and Remedies: Consequences of breach and available remedies to parties
12. Notices and Domicilia: Communication protocols and chosen domicilia citandi et executandi
13. General Terms: Standard clauses including entire agreement, variation, and governing law
14. Signature: Execution provisions and signature requirements
1. Existing Tenancies: Required when the property is subject to existing lease agreements
2. Bond Cancellation: Include when existing mortgage bonds need to be cancelled
3. Special Conditions: For any unique requirements or conditions specific to the transaction
4. VAT Provisions: Required when the transaction is subject to VAT instead of transfer duty
5. Property Syndication: Include for multiple purchasers or shared ownership arrangements
6. Development Conditions: Required for properties subject to development obligations or restrictions
7. Environmental Matters: Include when there are environmental considerations or requirements
8. Body Corporate Provisions: Required for sectional title properties
9. Agent Commission: Include when property agents are involved in the transaction
1. Schedule 1: Property Details: Comprehensive property description including boundaries and extent
2. Schedule 2: Purchase Price Breakdown: Detailed breakdown of purchase price, payment terms, and installments if applicable
3. Schedule 3: Existing Fixtures and Fittings: Inventory of fixtures and fittings included in the transfer
4. Schedule 4: Outstanding Municipal Charges: List of any outstanding municipal charges or utilities
5. Schedule 5: Compliance Certificates: Copies of all required compliance certificates
6. Appendix A: Property Plans: Approved building plans and property diagrams
7. Appendix B: Title Deed: Copy of existing title deed
8. Appendix C: Zoning Certificate: Current zoning certificate and regulations
9. Appendix D: Power of Attorney: If applicable, power of attorney documentation for either party
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Agriculture
Mining
Commercial Property
Residential Property
Industrial Property
Retail Property
Government and Public Sector
Legal
Real Estate
Property Management
Compliance
Corporate Affairs
Facilities Management
Business Development
Operations
Finance
Risk Management
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Developer
Corporate Counsel
Legal Director
Property Manager
Facilities Manager
Chief Legal Officer
Real Estate Investment Manager
Property Portfolio Manager
Compliance Officer
Transaction Manager
Business Development Manager
Chief Executive Officer
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