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Instalment Sale Agreement Immovable Property
"I need an Instalment Sale Agreement for Immovable Property for a residential house in Cape Town, with monthly instalments over 5 years starting March 2025, including specific provisions for early payment options and maintenance responsibilities."
1. Parties: Details of the Seller and Purchaser, including full legal names, registration/identity numbers, and physical addresses
2. Background: Context of the transaction 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 agreement
4. Sale: Core terms of the sale, including property description and purchase price
5. Payment Terms: Detailed instalment payment structure, including deposit, monthly payments, interest rate, and payment dates
6. Transfer and Registration: Conditions and process for property transfer and registration in the Deeds Office
7. Possession and Occupation: Terms regarding possession date, occupational rent, and responsibilities post-occupation
8. Property Condition: Description of property condition, voetstoots clause if applicable, and any warranties
9. Rates, Taxes and Charges: Responsibility for municipal rates, taxes, and utility charges
10. Insurance: Requirements for property insurance during the instalment period
11. Breach and Remedies: Consequences of breach and available remedies for both parties
12. General Terms: Standard contractual provisions including notices, whole agreement, and variation requirements
1. Agent Commission: Include when a property agent is involved in the transaction, detailing commission arrangements
2. Development Provisions: Required for properties in development phases or where construction is ongoing
3. FICA Requirements: Specific section for Financial Intelligence Centre Act compliance requirements when applicable
4. Bond Approval: Include when part of the purchase price will be funded through a mortgage bond
5. Tenant Provisions: Include when the property is currently tenanted or will be rented out
6. Special Conditions: Any unique terms specific to the transaction or property
7. Capital Gains Tax: Include specific provisions regarding CGT implications where relevant
1. Schedule A - Property Description: Detailed legal description of the property including erf number, title deed details, and physical address
2. Schedule B - Payment Schedule: Detailed breakdown of all payments including dates, amounts, and interest calculations
3. Schedule C - Property Plans: Site plans, building plans, and layout drawings of the property
4. Schedule D - Defects List: List of any existing defects noted during inspection
5. Schedule E - Fixtures and Fittings: Inventory of items included/excluded in the sale
6. Appendix 1 - FICA Documents: Copies of required FICA documentation for both parties
7. Appendix 2 - Compliance Certificates: Electrical, gas, electric fence, and beetle certificates as applicable
Authors
Property
Purchase Price
Instalment
Interest Rate
Transfer Date
Occupation Date
Seller
Purchaser
Conveyancer
Effective Date
Signature Date
Transfer Costs
Title Deed
Occupational Rent
Due Date
Business Day
Deposit
Improvements
Rates and Taxes
Municipal Charges
Compliance Certificates
Default Interest
Force Majeure
FICA
Payment Schedule
Property Description
Defects
Fixtures and Fittings
Parties
Prime Rate
Registration
Transfer Documents
Suspensive Conditions
Voetstoots
Payment Terms
Property Transfer
Possession and Occupation
Insurance
Rates and Taxes
Maintenance and Repairs
Risk and Ownership
Default and Breach
Force Majeure
Assignment
Dispute Resolution
Notices
Costs
Good Faith
Compliance
Warranties
Registration
Indemnification
Suspensive Conditions
Governing Law
Termination
Severability
Entire Agreement
Amendment
Property Description
Interest Calculations
Occupation Terms
Title Deed
Jurisdiction
Real Estate
Property Development
Residential Property
Commercial Property
Construction
Financial Services
Legal Services
Property Management
Insurance
Legal
Real Estate
Property Management
Sales
Compliance
Risk Management
Contract Administration
Property Development
Finance
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Developer
Legal Counsel
Property Manager
Contract Manager
Compliance Officer
Real Estate Broker
Property Sales Consultant
Transaction Manager
Risk Manager
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