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Download Offer to Purchase/Deed of Sale

Click here to download a comprehensive offer of purchase contract.

OFFER TO PURCHASE

In and between:

___________________________________
(Hereinafter referred to as "the Purchaser")

And

___________________________________
(Hereinafter referred to as "the Seller")


The Purchaser hereby offers to purchase the Property mentioned below, from the Seller on the terms and conditions contained in this agreement.

                                                                                   FULL TITLE

Stand number: _____________________________________________

Suburb: ___________________________________________________

Township: _________________________________________________

Street Address: _____________________________________________

                                                                                            Or

                                                                              SECTIONAL TITLE

Unit number:………Flat/Townhouse number:…Stand number ……In the Scheme:..........
……………………………….in the Township of …………….together with an undivided share in the common Property in the scheme and the exclusive use and enjoyment of the following areas of the common

Property and/or buildings namely: ………………………………………………………..

And carport/garage number: …………….

(Hereinafter referred to as "the Property")

1.   SALE AND PURCHASE

The Seller hereby sells to the Purchaser the Property, together with all permanent improvements, fixtures and fittings, which will include the following:

1.1    Including
Built-in stove (stovetop and oven); built-in units and cupboards; electrical installations and light fittings; curtain fittings and rails; wall-to-wall carpeting; blinds and awnings; swimming pool pumps and engines; swimming pool equipment and automatic swimming pool cleaners in working order on date of occupation, installed alarm system; electronic consoles and existing keys; built-in braai and accessories; all fencing and trees; shrubs and plants; television aerials and satellite dish (including M-Net and DSTV connections); built-in heaters; built-in air-conditioning systems. Tennis court nets; bar stools.
(Delete whichever is not applicable.)


Also including:……………………………………………………………………………........................
…………………………………………………………………………………………………………….
       Which include accessories the Seller warrants to be paid in full and to be the sole beneficial owner of.

1.2    Excluding: ……………………………………………………………….................................................
…………………………………………………………………………………………………………….

2.    PURCHASE PRICE

The purchase price for the Property is the sum of R ……………………… ( …………………………
………………………………………………………….rand) (value added tax included if applicable),
payable as follows: (read together with clause 19)

2.1   A DEPOSIT for the amount of R ………………………………….. ( …………………………………
        ……………………………………………………………………………………………………...rand);

        The Purchaser shall pay the deposit or the full purchase price to the conveyancer within ……. ( …….
        ……………………………………………………………………………………………………………
        ……………………) days to be kept in trust until registration of the transfer by the conveyancer, in an
        Interest bearing account at a financial institution of his choice. The interest accrued on the amount
        Shall be for the benefit of the Purchaser.

3.    SUSPENSIVE CONDITIONS

    The Purchaser shall apply for a LOAN in the amount of R …………………………………………...
( ……………………………………………………………………………………………………rand);

This agreement is subject to the suspensive condition that the Purchaser received approval of the loan within ……………………( ……………) days after signature of this agreement, from a financial institution, against registration of a first mortgage bond over the Property.

3.1.1    The Purchaser shall apply for such a loan on the first business day after acceptance of this
Offer by the Seller. In this regard the Agency is irrevocably authorized to apply for such loan through Bond Choice Home Loans on behalf of the Purchaser, at Banks and/or other Financial Institutions which may be appropriate under the circumstances.

3.1.2    The Purchaser undertakes to provide all documentation and information that may be
Necessary to fulfil the above mentioned conditions on request from the Agency/Seller/Bank Consultant. The loan obtained by the Purchaser shall be subject to the normal terms and conditions of banks and/or other financial institutions, where the application for the loan was made.

4.    GUARANTEES

        The full purchase price/balance of the purchase price shall be payable to the Seller against registration
        Of transfer of the Property into in the name of the Purchaser and shall be secured by a bank or
        other acceptable guarantee furnished by the
        Purchaser within ……………………….( ………………………) days after signature of this
        Agreement, and if this offer is subject to any suspensive conditions within 14 ( fourteen) days after
        Fulfillment of the suspensive condition (s).

5.    OCCUPATION

    Undisturbed occupation of the Property shall be given to the Purchaser on …………………..or as
Otherwise agreed between the parties in writing, as soon as all suspensive conditions in terms if this agreement have been fulfilled.

    If the date of occupation does not coincide with the date of registration of transfer, the party
Occupying the Property while it is registered in the name of the other party, shall pay monthly in advance on the first day of the month for the period of occupation, as compensation, occupation rental in the amount of R ………………..( …………………….rand). which amount must be paid to the conveyancer. In the event of registration of transfer during a month, the coneyancer will refund the Purchaser/Seller pro rata for any amount of occupational rent paid in advance. Such refund will be calculated for the period between the date of registration of the transfer until the end of the month for which occupational rent was paid.

    In the event of the Property being let to a tenant, the Purchaser's right to occupation will be subject
to the tenant's rights in terms of the lease agreement. The rental income will still be due to the Seller until the date of registration of transfer into the name of the Purchaser.

6.    RISK AND BENEFIT

On date of registration of transfer, all risks of damage in connection with the Property and ownership shall be transferred to the Purchaser, together with all the benefits and responsibilities for payment of any rates, Property taxes and/or expenses in connection with the Property. The Purchaser shall also be responsible to insure the Property against any contingency.

7.    LEVIES
SECTIONAL TITLES

         The Purchaser confirms that he/she is aware that:

7.1    The Property is subject to the conditions of the Sectional Title Act, nr 95 of 1986;
7.2    The Property is situated within a Sectional Title Scheme which inter alia means that the Purchaser shall receive ownership of the Property and that he/she shall also have the right to sell or lease the Property;
7.3    The Purchaser of a unit automatically becomes a member of the Body Corporate, a non-profit organization in terms of the Sectional Title Act. The Purchaser agrees to confirm to the rules of the Body Corporate.
7.4    The developer has registered a real right of extension in terms of section 25(9) of Act 95 of 1986 and that until such right does not longer exist, the Purchaser's right shall be subject to the real right of extension of the developer.

HOMEOWNERS ASSOCIATIONS

7.5    The Purchaser is aware that a homeowners association exist to which he/she becomes a member with
Transfer of the Property and will therefore be bound by the constitution of the Homeowners Association.
7.6    A monthly Homeowners Association / Body Corporate levy in the amount of R ……………( ……….
……………………rand) per month , is payable to ………………………..at telephone number: ……………………

8.    TRANSFER AND COSTS

The conveyancer shall ensure the registration of the transfer immediately after all the suspensive and all other relevant conditions as set out in this agreement have been fulfilled. Transfer and bond costs must be paid on request, immediately by the Purchaser to the transfer-and bond attorneys. The Purchaser and Seller must immediately and on request, provide all information and sign all documents in order to ensure registration of the Property and/or bond(s) over the Property.

9.    VOETSTOOTS

The Property is sold VOETSTOOTS, subject to all conditions of title and servitudes contained in the current and/or previous Title Deeds of the Property, which are available for public inspection at the relevant deeds office, as well as any new conditions of title and servitudes that may exist regarding the current condition and size of the Property.

All parties declare that they are acquainted with the VOETSTOOTS clause and the legal effect thereof. The Property is sold in its current condition, excluding any normal wear and tear from the date of signature of this agreement to the date of registration.

10.    GUARANTEES AND WARRANTIES BY THE SELLER

    The Seller warrants that he has provided all relevant information relating to the Property and the
Condition thereof to the Agency in writing, The Seller hereby indemnifies the Agency against any liability in the event of the Purchaser instituting a claim against the Agency due to any defects in the Property not disclosed by the Seller.

    The Purchaser confirms that neither the Seller, nor anyone on his behalf have provided any
Warranties or given any guarantees in respect of any aspect relating to the quality of the Property which are not contained in this agreement.

    The Seller confirms that:

10.4.1   the purchase price is sufficient to settle all outstanding obligations relevant to the sale of the
      Property, including , but not limited to the existing bonds, agent's commission, outstanding
      Outstanding statutory fees and/or levies, or any other costs normally associated with the
      Transfer of Property.

        10.4.2   In the event of any shortfall as referred to in 10.4.1 above, such shortfall shall be paid by the
                     Seller to the conveyancer on demand.

11.    DELAYS

The Property shall within a reasonable period after signing of the agreement be registered in the name of the Purchaser. Should any party cause an unreasonable delay in the transfer process, the party who is responsible for the delay shall be liable to the other party for interest to be paid at the prime rate plus 2% (two percent) on the purchase price calculated for the period of the delay. The aggrieved party shall in terms of this clause, be entitled to claim penalty interest from the party responsible for the delay. This remedy is in addition to any other remedy the aggrieved party may have in law or in terms of this agreement.

12.    JURISTIC PERSON AND AUTHORITY

    Representation:
        Any natural person signing on behalf of a juristic person, whether registered or still
In the process of registration, personally warrants that the entering into of this agreement by the juristic person concerned is within the scope of its powers, objects and authority and does not contravene any provisions of the Companies Act 61 of 1973, the Close Corporations Act 69 of 1984 or the Trust Property Control Act 57 of 1988, and that all the necessary steps have been taken to give the signatory the power to execute this agreement on behalf of the juristic person and in particular, but without limitation, the directors, members or trustees have approved this agreement in specific terms.

13.    BREACH

    Should either the Seller/Purchaser breach any of the terms of this agreement and fail to remedy such
Breach within 14 (fourteen) days after receipt of either a hand delivered notice, or a fax, or a notice notice dispatched by prepaid registered post to the defaulting party's domicilium calling upon the defaulting party to remedy the breach, then the aggrieved party shall, without prejudice to any other rights that he may have, be entitled to:

    cancel this agreement and institute action for damages sustained; alternatively
    claim specific performance in terms of this agreement, together with damages.

13.2 In the event of the agreement being cancelled as a result of a breach by the Purchaser, the
          Purchaser obliged to vacate the Property immediately (in the event of the Purchaser already
          Occupying the Property) and the Seller is entitled to retain all amounts paid by the Purchaser
          together with any interest thereon as a pre-estimate of damages, alternatively, to retain such
          Amounts until such time as the Seller's claim have been determined and such amounts are off-set
          against each other.

13.3 The parties choose the following domilcillium address:

13.3.1    The Seller

Physical Address: __________________________________________________________________

Postal Address ___________________________________________________________________

Fax Number: _____________________________________________________________________

Contact Person: ______________________________________

Contact Number: _____________________________________

13.3.2 The Purchaser

Physical Address: __________________________________________________________________

Postal Address ___________________________________________________________________

Fax Number: _____________________________________________________________________

Contact Person: ______________________________________

Contact Number: _____________________________________

14.    ELECTRICAL COMPLIANCE CERTIFICATE

    The Seller is obliged to deliver to the Conveyancer , at his own expense, a certificate of compliance
Issued by a qualified electrician in terms of the Electrical Installation Regulation of 1992, promulagated under Act 6 of 1983 and amended under Act 85 of 1993 (an "accredited person"), with regard to the writing of the Property, wherein the electrician states that he has examined the wiring from the point of entry of the Property to the utility point and found it reasonably safe, and guarantees that the wiring meets the requirements set in the Code for wiring of premises SABS 0142 M or the substitute thereof.

    Any defect in the wiring discovered during the abovementioned examination must be rectified by the
Seller before transfer of the Property, failing which the Purchaser shall be entitled to rectify it for the account of the Seller, and he will be entitled to deduct such costs from the purchase price.

15.    BEETLE CERTIFICATE (Kwazulu Natal/Cape Province)

The Seller shall at his own expense arrange for the accessible portions of the building/s on the Property to be inspected by a government accredited entomologist and/or qualified, accredited firm for infestation by visible wood bored beetle ("Oxypleuris Nodieri, Hylotrupes Bajulus and Anobium Punctatum") and prior to registration of transfer furnish the Purchaser with a cerfificate by the aforesaid entomologist and/or firm recording that the accessible timbers of the buildings were inspected and found to be free from such infestation or that such infested timbers had been treated/removed and replaced with pre-treated timbers by a qualified reputable contractor.(Delete whichever is not applicable)

16.    AGENTS COMMISSION

16.1 The parties confirm that ______________________________________________was the effective cause of this agreement.

16.2 Agent's commission shall be paid by the Seller in the amount of

        R ……………………….. ( ………………………………………….rand ) plus V.A.T.
        Or ……………………% ( ………………………………………….percentage) of the purchase price,
        Plus V.A.T. which commission is deemed to be earned on fulfillment of the suspensive condition/s,
        Which is due and payable on the registration of the transfer of the Property into the name of the
        Purchaser.

17.    COOLING-OFF PERIOD

The parties confirm that they are fully aware of their rights in terms of Section 29(A)(1) of the Alienation of Land Act 68 of 1981 (as amended), in terms of which the Purchaser is entitled to recall his offer by written notice to the Seller, should the purchase price be less or equal to R250 000-009(two hundred and fifty thousand rand) within 5(five) business days after signature of this offer by the Purchaser.

18.    SOLD BOARDS

       The Seller and Purchaser herewith give their consent to the display of a for sale/sold board in front of
       The Property for a period f 3 (three) months after all suspensive condition have been fulfilled.

19.    VALUE-ADDED TAX (VAT)

If the Seller is registered as a value added tax vendor and the transaction is subject to payment of value added tax, the value added tax will be included in the purchase price and it is the responsibility of the Seller to pay such value added tax to the South African Revenue Service on registration. In the event that value added tax is payable, no transfer duty shall be payable by the Purchaser. If the Seller confirms that he is not registered for value added tax, transfer duty shall be payable by the Purchaser on the purchase price.

20.    GENERAL

    No failure, omission of waiver or relaxation of any of the provisions of this agreement, nor any failure
By a party to enforce the provisions of this agreement due to any breach, shall operate as an estoppel against any party in respect of its rights, under this agreement, nor shall it preclude such party thereafter from exercising its rights strictly in accordance with this agreement.

    No rights in terms of this agreement may be ceded, delegated and/or transferred without the written
Consent of the other party.

    Signature of this agreement refer to the date on which the Seller accepts this offer.

20.4 Days in this agreement refers to calendar days, Saturdays, Sundays and public holidays included, the
        First day excluded and the last day included. If the agreement is forwarded by registered post, the day
        On which the Post Office's slip is issued shall be included.
    The Purchaser and Seller herewith choose as domicilium citandi et executandi, the addresses as
Stated in the information sheet, for the service and/or delivery of all notices and documents in terms of this agreement.

21.    SPECIAL CONDITIONS

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

22.    ACCEPTANCE

This offer is irrevocable until …………………:00 ( …………………….hours )on the ……………….

( ……………………………..) day of ……………………………………..20 …………and is binding on the parties by acceptance hereof without the Purchaser having to be informed of the Seller's acceptance.

23.    WHOLE AGREEMENT

This agreement constitutes the entire agreement between the parties and no conditions, stipulations, warranties or representations of whatsoever nature shall be of any force or effect unless reduced to writing and signed by both parties.

                                                                                  OFFER MADE BY ME/US

at ……………………………. on this …………………….day of …………………..20 ……………..

……………………………………………                           ……………………………………………
                       WITNESS                                                                           PURCHASER

...................................................................                            ……………………………………………
                       WITNESS                                                                    CO-PURCHASER

                                                                                               ....................................................................
                                                                                                                      SURETY

                                                                                 OFFER ACCEPTED BY ME/US

at …………………………………on this …………………day of …………………………20 ………

and we/l hereby give instruction to attorneys ……………………………….. to register the transfer of the Property.

…………………………………………….                                     ……………………………………..
                      WITNESS                                                                                         SELLER

…………………………………………….                                     ……………………………………..
                      WITNESS                                                                                     CO-SELLER

The Agency herewith accepts the benefits, which they will receive from the agreement.

……………………………………………                                      ……………………………………..              AGENT                                                                                         PRINCIPAL

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