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Agreement For Sale Of Leasehold Property
"I need an Agreement for Sale of Leasehold Property for a commercial building in Cape Town, where I'm selling my 50-year leasehold interest to a corporate buyer, with provisions for existing retail tenants who need to be protected in the transfer."
1. Parties: Full identification of the Seller and Purchaser, including registration/ID numbers and addresses
2. Background: Context of the transaction, including brief description of the property and existing leasehold interest
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Sale: The core agreement to sell and purchase the leasehold interest
5. Purchase Price: The amount, payment terms, and method of payment
6. Property Description: Detailed description of the property and the nature of the leasehold interest being sold
7. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes fully effective
8. Transfer and Registration: Process and timing for transfer of the leasehold interest
9. Possession and Risk: When possession will be given and when risk passes to the purchaser
10. Warranties and Representations: Warranties given by both parties regarding the property and their capacity to enter into the agreement
11. Costs and Transfer Duty: Allocation of transaction costs and responsibility for transfer duty
12. Breach and Termination: Consequences of breach and termination provisions
13. Notices and Domicilia: How and where notices must be delivered to parties
14. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
15. Signatures: Execution clause and signature blocks for all parties
1. Existing Tenants: Required if there are current tenants occupying the property, detailing their rights and obligations
2. Property Condition: Detailed section about the condition of the property, used when selling property 'voetstoots' or with specific condition warranties
3. Development Rights: Include when there are specific development rights or restrictions attached to the leasehold
4. Mortgage Bond: Required if the purchase is subject to the purchaser obtaining mortgage finance
5. Agent Commission: Include if a property agent is involved in the transaction
6. Improvements: Required if there are existing improvements or planned improvements to be addressed
7. Special Conditions: Any unique terms specific to this transaction
1. Schedule A - Property Description: Detailed legal description of the property including diagram and title deed details
2. Schedule B - Lease Details: Full details of the existing lease agreement including term, rental, and conditions
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
4. Schedule D - Property Inventory: List of fixtures, fittings and other items included in the sale
5. Appendix 1 - Property Plans: Building plans, site plans, and zoning certificates
6. Appendix 2 - Compliance Certificates: Copies of required compliance certificates
7. Appendix 3 - Existing Lease Agreements: Copies of any existing lease agreements affecting the property
Authors
Business Day
Closing Date
Commencement Date
Compliance Certificates
Conditions Precedent
Conveyancer
Deeds Office
Deeds Registry
Effective Date
Existing Lease
Existing Tenants
Fixtures and Fittings
Ground Lease
Head Lease
Improvements
Land
Lease Period
Leasehold Interest
Leasehold Property
Municipal Accounts
Occupation Date
Parties
Payment Date
Property
Purchase Price
Purchaser
Rates and Taxes
Registration
Seller
Signature Date
Transfer
Transfer Date
Transfer Duty
VAT
Warranties
Recitals
Definitions
Sale
Purchase Price
Payment Terms
Property Description
Leasehold Terms
Conditions Precedent
Due Diligence
Transfer
Registration
Possession
Risk
Warranties
Representations
Compliance
Insurance
Property Condition
Existing Tenancies
Improvements
Costs
Transfer Duty
VAT
Property Charges
Municipal Requirements
Breach
Termination
Dispute Resolution
Force Majeure
Notices
Assignment
Governing Law
Jurisdiction
Entire Agreement
Variation
Severability
Waiver
Costs
Counterparts
Signature
Real Estate
Property Development
Commercial Property
Residential Property
Property Investment
Banking and Finance
Legal Services
Property Management
Construction
Urban Development
Legal
Real Estate
Property Management
Facilities Management
Risk and Compliance
Operations
Finance
Commercial
Asset Management
Acquisitions
Investment
Property Lawyer
Real Estate Agent
Property Manager
Conveyancing Attorney
Legal Counsel
Property Development Manager
Commercial Property Manager
Asset Manager
Facilities Manager
Contract Manager
Real Estate Investment Manager
Property Portfolio Manager
Compliance Officer
Risk Manager
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