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Unit Transfer Agreement Template for South Africa

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Key Requirements PROMPT example:

Unit Transfer Agreement

"I need a Unit Transfer Agreement for a luxury apartment in Cape Town, with conditions for mortgage bond approval and specific provisions for the existing tenant who will remain in occupation until March 2025."

Document background
The Unit Transfer Agreement is a specialized legal document used in South African property transactions for the transfer of sectional title units. It is essential when selling or purchasing units in sectional title schemes, such as apartments, townhouses, or office units in a sectional title development. The agreement must comply with the Sectional Titles Act 95 of 1986, the Alienation of Land Act, and other relevant property legislation. It includes crucial details about the property, parties involved, purchase price, transfer conditions, and various certificates required by law. The document serves as the primary agreement governing the transfer process and protecting both parties' interests while ensuring compliance with body corporate rules and regulations.
Suggested Sections

1. Parties: Identification of the Seller and Purchaser with full legal details as required by FICA

2. Background: Context of the transaction and brief description of the sectional title unit being transferred

3. Definitions and Interpretation: Definitions of key terms used in the agreement and interpretation rules

4. Sale of Unit: Description of the unit being sold, including section number, participation quota, and exclusive use areas

5. Purchase Price: Amount, payment terms, and deposit requirements

6. Transfer and Registration: Process and timing of transfer, appointment of conveyancer, and registration requirements

7. Transfer Costs and Charges: Allocation of transfer costs, duties, and other expenses

8. Possession and Occupation: Date of occupation, occupational rent, and risk transfer

9. Levies and Other Charges: Responsibility for body corporate levies, utilities, and municipal charges

10. Warranties and Representations: Seller's warranties regarding the unit, including title, defects, and compliance

11. Body Corporate Rules: Acknowledgment and acceptance of scheme rules and conduct rules

12. Breach: Consequences of breach and remedies available to parties

13. Notices and Domicilia: Communication methods and addresses for legal notices

14. General Terms: Standard contractual provisions including whole agreement, variation, and governing law

Optional Sections

1. Mortgage Bond: Terms relating to the purchaser's mortgage financing, used when purchase is subject to bond approval

2. Occupancy Arrangements: Special provisions for existing tenants or delayed occupation, used when unit is currently occupied

3. Special Conditions: Any additional conditions precedent or special requirements unique to the transaction

4. Agent Commission: Terms relating to estate agent's commission, included when sale is through an agent

5. Fixtures and Fittings: Detailed list of items included/excluded from sale, used when specific items need clarification

6. Repairs and Renovations: Pre-transfer repair obligations or renovation agreements, used when specific work is required

Suggested Schedules

1. Property Description: Detailed description of unit, including floor plans and exclusive use areas

2. Purchaser's Solvency Certificate: Proof of purchaser's financial standing and ability to complete purchase

3. Compliance Certificates: Electrical, gas, electric fence, and beetle certificates as applicable

4. Body Corporate Certificate: Current levy statement and confirmation of no amounts outstanding

5. Scheme Rules: Copy of current management and conduct rules of the body corporate

6. Defects List: List of known defects in the unit as disclosed by seller

7. Fixtures and Fittings List: Detailed inventory of items included in the sale

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

Legal Services

Property Development

Financial Services

Property Management

Construction

Professional Services

Residential Property

Commercial Property

Relevant Teams

Legal

Property Management

Real Estate

Compliance

Sales

Operations

Risk Management

Conveyancing

Contract Administration

Property Development

Relevant Roles

Property Lawyer

Conveyancing Attorney

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Property Developer

Sales Manager

Property Practitioner

Managing Director

Body Corporate Trustee

Contract Administrator

Real Estate Portfolio Manager

Property Transaction 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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