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Buy Sell Agreement (Real Estate)
"I need a Buy Sell Agreement (Real Estate) for a luxury residential property in Cape Town, South Africa, with a delayed occupation date of March 2025 and including special provisions for the existing high-end fixtures and artwork installations that will remain with the property."
1. Parties: Full details of the seller and purchaser, including registration/ID numbers and addresses
2. Background: Context of the sale and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including erf number, title deed details, physical address, and extent
5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements
6. Payment Terms: Details of how and when payments will be made, including guarantee requirements
7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and costs allocation
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession
9. Voetstoots and Property Condition: Statement of property condition and defects disclosure as required by CPA
10. Risk and Benefits: Transfer of risk and benefit of the property
11. Rates and Taxes: Responsibility for rates, taxes, and utilities, including clearance certificates
12. Estate Agent Commission: Details of estate agent commission if applicable
13. Breach: Consequences and remedies in case of breach by either party
14. Notices and Domicilia: Legal addresses for service of notices and communication requirements
15. General Terms: Standard legal provisions including whole agreement, variation, and governing law
16. Signatures: Execution clause and signature blocks for all parties
1. Bond Clause: Required when purchase is subject to the buyer obtaining mortgage finance
2. Sale of Purchaser's Property: Include when sale is conditional on the purchaser selling their existing property
3. Sectional Title Provisions: Required for sectional title properties, including body corporate rules and levies
4. Fixtures and Fittings: Detailed list of items included/excluded from sale when specific items need clarification
5. Occupancy Certificate: Required for newly constructed properties
6. FICA Requirements: Detailed FICA compliance requirements when dealing with corporate entities or trusts
7. Special Conditions: Any unique requirements or conditions specific to the transaction
8. Rental Arrangements: Required when property is currently tenanted or will be leased back to seller
9. Development Conditions: Include for properties in development areas or with pending zoning changes
10. VAT Provisions: Required when the sale is subject to VAT instead of transfer duty
1. Schedule A - Property Details: Detailed property specifications, including diagrams and title deed extract
2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale
3. Schedule C - Defects List: Detailed list of known defects as disclosed by the seller
4. Schedule D - Compliance Certificates: List of required compliance certificates and their status
5. Schedule E - Property Plans: Approved building plans and property diagrams
6. Appendix 1 - Proof of Authority: Required resolutions or authorizations if any party is a company or trust
7. Appendix 2 - FICA Documents: Copies of required FICA documentation for all parties
8. Appendix 3 - Body Corporate Rules: For sectional title properties, current body corporate rules and regulations
9. Appendix 4 - Zoning Certificate: Current zoning certificate and regulations affecting the property
Authors
Property
Purchase Price
Transfer Date
Occupation Date
Seller
Purchaser
Conveyancer
Transfer Duty
VAT
Bond
Bond Attorney
Business Day
Deposit
Due Diligence Period
Effective Date
Estate Agent
FICA
Fixtures and Fittings
Improvements
Local Authority
Municipal Rates
Occupational Rent
Parties
Possession
Property Description
Purchase Price
Rates Clearance Certificate
Registration
Signature Date
Title Deed
Transfer Costs
Voetstoots
Body Corporate
Common Property
Exclusive Use Area
Levy Clearance Certificate
Rules
Sectional Plan
Sectional Title Register
Unit
Defects
Compliance Certificates
Guarantees
Prime Rate
Transfer Attorney
Interpretation
Sale
Purchase Price
Payment Terms
Suspensive Conditions
Property Transfer
Possession and Occupation
Risk and Insurance
Warranties and Representations
Property Condition
Compliance Certificates
Municipal Requirements
Financial Obligations
Estate Agency
Powers of Attorney
Default and Breach
Dispute Resolution
Force Majeure
Notices and Communications
Assignment
Costs
Governing Law
Jurisdiction
Entire Agreement
Variation
Severability
Waiver
Good Faith
Confidentiality
Indemnification
Termination
General Provisions
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Insurance
Investment Management
Urban Development
Residential Property
Commercial Property
Corporate Real Estate
Legal
Real Estate
Property Management
Compliance
Risk Management
Operations
Finance
Investment
Development
Facilities Management
Contract Administration
Corporate Services
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Manager
Legal Counsel
Contract Manager
Real Estate Developer
Property Investment Manager
Facilities Manager
Corporate Real Estate Manager
Risk Manager
Compliance Officer
Property Portfolio Manager
Real Estate Investment Analyst
Chief Legal Officer
Real Estate Finance Manager
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