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Contract Of Deed Of Sale
"I need a Contract of Deed of Sale for a residential property in Cape Town, with transfer scheduled for March 2025, including provisions for an existing tenant who will remain in the property for 6 months after the sale."
1. Parties: Full details of the Seller and Purchaser including legal names, registration/identity numbers, and physical addresses
2. Background: Context of the sale and brief description of the property being sold
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the contract
4. Property Description: Detailed legal description of the property including erf number, physical address, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Detailed payment schedule, deposit handling, and 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 terms, and transfer of risk
9. Voetstoots Clause: Statement that property is sold 'as is', subject to Consumer Protection Act provisions
10. Warranties and Representations: Standard warranties by both parties regarding capacity to contract and property condition
11. Transfer Costs and Charges: Allocation of transfer costs, transfer duty, and other associated expenses
12. Estate Agent Commission: Details of estate agent commission and payment responsibility
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 contractual provisions including whole agreement, variation, and governing law
1. Mortgage Bond: Terms regarding mortgage bond approval and requirements - used when purchase is subject to bond approval
2. Sale of Purchaser's Property: Conditions related to the sale of purchaser's existing property - used when sale is conditional on another property sale
3. Tenant Rights: Provisions regarding existing tenants - used when property is currently leased
4. Sectional Title Provisions: Specific terms for sectional title properties - used for apartments/units in complexes
5. Special Conditions: Any unique terms agreed between parties - used for non-standard arrangements
6. Fixtures and Fittings: Detailed list of items included/excluded in sale - used when specific items need clarification
7. Development Provisions: Terms relating to ongoing or planned development - used for properties in development schemes
8. FICA Requirements: Specific compliance requirements - used for high-value transactions or foreign buyers
1. Schedule A - Property Description: Detailed property specifications, including diagram and zoning information
2. Schedule B - Fixtures and Fittings: Comprehensive list of all fixtures and fittings included/excluded in the sale
3. Schedule C - Defects List: Documented defects in the property acknowledged by both parties
4. Schedule D - Payment Schedule: Detailed breakdown of payment terms and timelines
5. Appendix 1 - Property Plans: Approved building plans and property diagrams
6. Appendix 2 - Compliance Certificates: Copies of required compliance certificates (electrical, gas, electric fence, etc.)
7. Appendix 3 - Body Corporate Rules: Applicable for sectional title properties - complex rules and regulations
8. Appendix 4 - Special Conditions: Detailed explanation of any special conditions agreed between parties
Authors
Property
Seller
Purchaser
Transfer Date
Signature Date
Occupation Date
Purchase Price
Deposit
Bond
Transfer Duty
Conveyancer
Due Diligence Period
Effective Date
Estate Agent
Business Day
Occupational Rent
Fixtures and Fittings
Improvements
Municipal Rates
Parties
Property Practitioner
Transfer Costs
VAT
Voetstoots
Guarantees
Body Corporate
Levies
Compliance Certificates
Defects
Mortgage Bond
Prime Rate
Register
Title Deed
Transfer Documents
Breach
Suspensive Conditions
Property Description
Permitted Use
Possession
Property Description
Purchase Price
Payment Terms
Transfer and Registration
Possession and Occupation
Warranties
Risk and Insurance
Compliance Certificates
Property Condition
Voetstoots
Transfer Costs
Tax Provisions
Bond Approval
Estate Agency
Breach and Termination
Dispute Resolution
Force Majeure
Notices and Communications
Governing Law
Entire Agreement
Assignment
Severability
Variation
Representations
Due Diligence
Suspensive Conditions
Municipal Requirements
Property Practitioners
Body Corporate
Special Conditions
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Housing Development
Commercial Property
Residential Property
Property Investment
Legal
Real Estate
Property Management
Sales
Compliance
Risk Management
Contract Administration
Property Development
Conveyancing
Asset Management
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Practitioner
Legal Counsel
Compliance Officer
Property Manager
Sales Manager
Contract Manager
Real Estate Developer
Property Investment Manager
Commercial Property Manager
Residential Property Manager
Legal Administrator
Real Estate Broker
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