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Commercial Property Purchase Agreement
"I need a Commercial Property Purchase Agreement for my company's purchase of a retail space in Cape Town, with transfer scheduled for March 2025, including standard warranties and FICA compliance requirements."
1. Parties: Identification and details of the Seller and Purchaser, including registration numbers for companies or ID numbers for individuals
2. Background: Context of the transaction and brief description of the property and intended purchase
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Property Description: Detailed description of the property including erf number, registration division, physical address, and extent
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payments will be made, including deposit arrangements and guarantee requirements
7. Conditions Precedent: Essential conditions that must be fulfilled before the agreement becomes fully binding
8. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements
9. Possession and Risk: Date of transfer of possession and risk, and obligations of parties before and after this date
10. Seller's Warranties: Warranties regarding property title, condition, and compliance with laws
11. Purchaser's Warranties: Warranties regarding financial capability and compliance with anti-money laundering regulations
12. Costs and Transfer Duties: Allocation of transfer costs, duties, and taxes between parties
13. Breach and Remedies: Consequences of breach and available remedies for both parties
14. Notices and Domicilia: Communication methods and official addresses for notices
15. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
16. Signature: Execution clauses and signing provisions
1. Development Conditions: Used when the property requires development or renovation before transfer
2. Tenant Rights: Required when the property is subject to existing lease agreements
3. Environmental Provisions: Needed when environmental issues or compliance requirements are relevant
4. BBBEE Provisions: Required for transactions involving BEE compliance requirements
5. Property Management: Used when interim management arrangements are needed between signature and transfer
6. Due Diligence: When a due diligence period is required before the agreement becomes unconditional
7. Subdivision Conditions: Required when the property needs to be subdivided before transfer
8. Zoning and Land Use: When specific zoning or land use changes are required
9. Fixtures and Fittings: Detailed provisions about included/excluded fixtures when relevant
10. VAT Elections: Required when the transaction is subject to VAT instead of transfer duty
1. Property Details Schedule: Detailed technical description of the property including diagrams and zoning certificates
2. Purchase Price Schedule: Breakdown of purchase price components and payment schedule
3. Existing Lease Schedule: Details of current lease agreements affecting the property
4. Fixtures and Fittings Schedule: Comprehensive list of included and excluded items
5. Due Diligence Checklist: List of documents and investigations required for due diligence
6. Outstanding Approvals Schedule: List of required regulatory approvals and their status
7. Property Condition Report: Detailed assessment of property condition at time of sale
8. Building Plans and Certificates: Approved building plans and compliance certificates
9. Title Deed Conditions: Copy of title deed and relevant conditions
10. Environmental Reports: Environmental impact assessments or compliance reports if applicable
Authors
Attorneys
Bond
Business Day
Closing Date
Commencement Date
Completion Date
Conditions Precedent
Conveyancer
Deed of Sale
Deposit
Due Diligence
Effective Date
Encumbrances
Environmental Laws
Fixtures and Fittings
Guarantee
Improvements
Land
Material Adverse Change
Municipal Rates
Occupation Date
Parties
Payment Date
Permitted Use
Property
Property Practitioner
Purchase Price
Purchaser
Registration Date
Seller
Signature Date
Suspensive Conditions
Title Deed
Transfer
Transfer Date
Transfer Duty
VAT
Zoning
Lease Agreements
Local Authority
Mortgage Bond
Occupational Rent
Property Manager
Purchase Consideration
Rates and Taxes
FICA
Transfer Costs
Utilities
Building Plans
Compliance Certificates
Property Description
Purchase Price
Payment Terms
Transfer and Registration
Possession and Risk
Warranties
Due Diligence
Conditions Precedent
Transfer Costs
Property Condition
Compliance
Environmental
Zoning and Land Use
Rates and Taxes
Insurance
Existing Tenancies
Fixtures and Fittings
Property Management
Breach
Dispute Resolution
Force Majeure
Assignment
Notices
Confidentiality
Governing Law
Entire Agreement
Severability
Amendment
VAT
Anti-Money Laundering
FICA Compliance
Signature
Termination
Indemnification
Boilerplate
Real Estate
Commercial Property
Retail
Industrial
Manufacturing
Hospitality
Healthcare
Professional Services
Banking and Finance
Insurance
Logistics and Warehousing
Education
Technology
Construction and Development
Legal
Real Estate
Finance
Compliance
Operations
Risk Management
Business Development
Asset Management
Property Management
Facilities Management
Investment
Corporate Development
Chief Executive Officer
Chief Financial Officer
Commercial Property Manager
Real Estate Director
Legal Counsel
Property Development Manager
Facilities Manager
Investment Manager
Business Development Director
Risk Manager
Compliance Officer
Operations Director
Asset Manager
Property Practitioner
Conveyancing Attorney
Finance Manager
Property Portfolio Manager
Commercial Director
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