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The Agreement To Sell (Real Estate) is a fundamental legal document used in South African property transactions to formalize the sale of immovable property. It serves as the primary contract between a seller and purchaser, documenting all essential aspects of the property sale including price, payment terms, transfer conditions, and various legal requirements specific to South African property law. This agreement must comply with the Alienation of Land Act 68 of 1981, which requires all property sale agreements to be in writing and signed by all parties. The document is typically used in both residential and commercial property transactions and must incorporate various statutory requirements including FICA compliance, transfer duty provisions, and mandatory property certificates. It forms the basis for the subsequent transfer process and is a crucial document for conveyancers handling the property registration.

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: Definitions of key terms used throughout the agreement, including 'Property', 'Transfer Date', 'Signature Date', etc.

4. Sale: Core provision confirming the sale and purchase of the property

5. Purchase Price: Details of the purchase price, payment terms, and deposit requirements

6. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements

7. Possession and Risk: Date of possession, transfer of risk, and occupational rent if applicable

8. Warranties and Representations: Standard warranties by both parties, including seller's warranties about the property condition

9. Property Condition: Description of the property's current condition and any defects

10. Compliance Certificates: Requirements for electrical, gas, electric fence, and other mandatory certificates

11. Transfer Costs and Charges: Allocation of transfer costs, transfer duty, and other associated expenses

12. Estate Agent Commission: Details of estate agent's commission if applicable

13. Breach: Consequences of breach and remedies available to the parties

14. Dispute Resolution: Process for resolving disputes between the parties

15. Notices and Domicilia: Communication methods and official addresses for notices

16. General Terms: Standard boilerplate clauses including entire agreement, variation, and governing law

17. Signing: Execution clause and signing details