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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
arty 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 Purchase
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 dayOn which the Post Office's
slip is issued shall be included.The Purchaser and Seller herewith choose as
domicilium citandi et executandi, the addresses asStated in the information sheet,
for the service and/or delivery of all notices and documents in terms of this agreement.
21. SPECIAL CONDITIONS
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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
For further information contact us on:
Telephone: 012 343 0267
Fax: 012 343 0269
Cell: 0828805646
Postal: Po Box 14382, Hatfield 0028
E-mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website http://www.louwrenskoen.co.za
Park street Law Chambers
Park Street 755
Arcadia
Pretoria
Gauteng
0001
South-Africa 
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