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Real Estate Offer To Purchase Contract
"I need a Real Estate Offer to Purchase Contract for a residential property in Cape Town, South Africa, with a bond clause for 80% financing and occupation date set for March 1, 2025."
1. Parties: Full legal names and details of the Seller and Purchaser, including identity/registration numbers and physical addresses
2. Background: Brief context of the sale and purchase intention
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including erf number, physical address, size, and registration division
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 deposit arrangements 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 if applicable, and condition of property upon handover
9. Voetstoots Clause: Statement regarding the condition of the property and what defects (if any) are disclosed
10. Risk and Insurance: Transfer of risk and responsibility for insurance
11. Estate Agent Commission: Details of estate agent commission and responsibility for payment
12. Fixtures and Fittings: List of items included and excluded from the sale
13. Compliance Certificates: Required certificates (electrical, gas, electric fence, etc.) and responsibility for obtaining them
14. Breach: Consequences and remedies in case of breach by either party
15. Notices and Domicilia: How formal notices will be given and parties' chosen domicilia citandi et executandi
16. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
17. Signatures: Execution clause and signature blocks for all parties
1. Bond Clause: Suspensive condition regarding the purchaser obtaining mortgage finance - used when purchase is subject to bond approval
2. Sale of Purchaser's Property: Suspensive condition linking this purchase to the sale of the purchaser's current property - used when purchase is dependent on another sale
3. Tenant Rights: Details of existing lease agreements and tenant rights - used when property is currently tenanted
4. Special Conditions: Any unique terms specific to this transaction - used when standard terms need modification
5. FICA Requirements: Specific requirements for FICA compliance - used in high-value transactions or with foreign buyers
6. Body Corporate / HOA: Terms relating to sectional title or estate rules - used for properties in complexes or estates
7. Development Conditions: Conditions relating to future development rights or restrictions - used for vacant land or development properties
8. Alien Vegetation: Obligations regarding removal of alien vegetation - used for properties in certain areas with invasive species
1. Schedule A - Property Details: Detailed property description including boundary details, servitudes, and zoning information
2. Schedule B - Fixture and Fittings List: Comprehensive list of items included and excluded from the sale
3. Schedule C - Defects List: Detailed list of known defects disclosed by the seller
4. Schedule D - Special Conditions: Any special terms or conditions agreed between the parties
5. Appendix 1 - Property Plans: Site plans, building plans, and layout drawings
6. Appendix 2 - Compliance Certificates: Copies of all required compliance certificates
7. Appendix 3 - Title Deed: Copy of the current title deed
8. Appendix 4 - Body Corporate / HOA Rules: Applicable rules and regulations for sectional title or estate properties
Authors
Bond
Body Corporate
Business Day
Certificates of Compliance
Completion Date
Conveyancer
Deposit
Effective Date
Electrical Certificate
Estate Agent
FICA
Fixtures and Fittings
Gas Certificate
Guarantee
Home Owners Association
Improvements
Occupation Date
Occupational Rent
Parties
Payment Date
Property
Purchase Price
Purchaser
Registration
Registration Date
Seller
Signature Date
Suspensive Conditions
Title Deed
Transfer
Transfer Date
Transfer Duty
Transferring Attorney
VAT
Voetstoots
Purchase Price
Payment Terms
Transfer and Registration
Possession and Occupation
Suspensive Conditions
Property Condition
Compliance Certificates
Risk and Insurance
Estate Agent Commission
Fixtures and Fittings
Breach and Termination
Force Majeure
Warranties and Representations
Voetstoots
Financial Provisions
Bond Requirements
Transfer Costs
Rates and Taxes
Existing Tenancies
Property Inspection
Compliance and Regulation
Dispute Resolution
Notices
Assignment
Governing Law
Entire Agreement
Variation
Severability
Good Faith
Indemnification
Costs
Real Estate
Legal Services
Financial Services
Property Development
Construction
Banking
Insurance
Property Management
Urban Planning
Residential Property
Commercial Property
Legal
Real Estate
Compliance
Property Management
Sales
Risk Management
Document Management
Contract Administration
Property Development
Conveyancing
Real Estate Agent
Property Attorney
Conveyancer
Property Manager
Real Estate Broker
Property Developer
Legal Counsel
Compliance Officer
Property Valuator
Mortgage Broker
Bank Manager
Property Portfolio Manager
Real Estate Investment Manager
Contract Manager
Legal Administrator
Property Sales Consultant
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