The Deed of Sale is a crucial legal document in South African property transactions that formalizes the transfer of immovable property ownership. Required for all property sales under the Alienation of Land Act 68 of 1981, it must be in writing and signed by all parties to be legally valid. This document includes essential information such as party details, property description, purchase price, payment terms, transfer arrangements, and various conditions and warranties. It serves multiple purposes: as a contract between parties, a reference document for transfer attorneys, and a basis for bond registration. The Deed of Sale is used in both residential and commercial property transactions and must comply with various legislation including the Consumer Protection Act, Property Practitioners Act, and Transfer Duty Act.
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1. Parties: Identification and full details of the Seller and Purchaser including ID/registration numbers and addresses
2. Background: Context of the sale and confirmation that the Seller owns and wishes to sell the property to the Purchaser
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 boundaries
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 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
9. Voetstoots Clause: Statement that property is sold 'as is' (subject to Consumer Protection Act provisions)
10. Risk and Benefit: Transfer of risk and benefit of the property to the Purchaser
11. Estate Agent Commission: Details of estate agent commission if applicable
12. Warranties: Standard warranties by both parties regarding capacity to contract and property condition
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
16. Signing: Execution clause and signature blocks for all parties
1. Bond Approval: Required when purchase is subject to the Purchaser obtaining mortgage finance
2. Sale of Purchaser's Property: Used when the purchase is conditional on the Purchaser selling their existing property
3. Occupancy Provisions: Required when the property is currently occupied by tenants or other occupants
4. Fixtures and Fittings: Detailed list of items included/excluded from the sale when necessary
5. Special Conditions: Any unique terms specific to this transaction
6. FICA Requirements: Required for compliance with Financial Intelligence Centre Act
7. VAT Provisions: Required when the Seller is VAT-registered
8. Sectional Title Provisions: Required for sectional title properties including body corporate rules
9. Development Properties: Required for properties in development phases or off-plan purchases
1. Schedule A - Property Description: Detailed property specifications including diagrams and zoning information
2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale
3. Schedule C - Defects List: List of known defects in the property
4. Schedule D - Special Conditions: Any additional terms and conditions specific to the transaction
5. Schedule E - Compliance Certificates: List of required compliance certificates and their status
6. Appendix 1 - Property Plans: Approved building plans and property diagrams
7. Appendix 2 - Body Corporate Rules: For sectional title properties, the applicable body corporate rules
8. Appendix 3 - FICA Documents: Copies of required FICA documentation for both parties
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