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The Agreement To Sell Immovable Property is a crucial legal document used in South African property transactions to formalize the sale of fixed property between a seller and purchaser. This agreement type is mandated by the Alienation of Land Act 68 of 1981, which requires all property sales to be documented in writing and signed by both parties. The document is essential for any property transfer in South Africa, whether residential, commercial, or industrial. It contains all necessary elements required by South African law, including property description, purchase price, payment terms, transfer arrangements, and compliance requirements. The agreement serves as the foundation for the conveyancing process and is required by banks, attorneys, and the Deeds Office to process the property transfer. It includes provisions for various certificates of compliance, transfer duty arrangements, and FICA requirements, making it a comprehensive record of the transaction terms and conditions.

1. Parties: Identifies and provides full details of the Seller and Purchaser, including legal capacity to contract

2. Background: Establishes that the Seller owns the property and wishes to sell it to the Purchaser under the terms set out

3. Definitions: Defines key terms used throughout the agreement, including Property, Purchase Price, Transfer Date, etc

4. Property Description: Detailed legal description of the property including erf number, title deed number, physical address, and extent

5. Purchase Price: States the agreed purchase price and payment terms, including deposit requirements and payment schedule

6. Payment Terms: Details the method and timing of payments, including deposit handling and guarantee requirements

7. Transfer and Registration: Outlines the process and timing for property transfer, including appointment of conveyancer and obligations of parties

8. Possession and Occupation: Specifies the date of occupation, occupational rent if applicable, and conditions of possession

9. Compliance Certificates: Lists required certificates (electrical, gas, electric fence, beetle, etc.) and party responsible for obtaining them

10. Risk and Insurance: Addresses transfer of risk and insurance requirements until transfer registration

11. Warranties and Representations: Details seller's warranties regarding the property's condition and any representations made

12. Agent Commission: If applicable, details of estate agent commission and responsibility for payment

13. Breach: Consequences and remedies in case of breach by either party

14. Dispute Resolution: Process for resolving disputes between parties

15. General Terms: Standard legal provisions including entire agreement, variation, governing law, etc