The Estate Agent Memorandum of Sale is a fundamental document in South African property transactions, used to record the initial agreement between parties when a property sale is negotiated through an estate agent. It captures essential information including party details, property specifications, purchase price, payment terms, and conditions of sale. This document serves as a crucial intermediate step between verbal agreement and the final deed of sale, ensuring all parties have a clear understanding of the terms discussed. It must comply with South African property law, including the Estate Agency Affairs Act and the Alienation of Land Act, and typically precedes the formal sale agreement drafted by conveyancing attorneys. While not replacing the final sale agreement, the Memorandum of Sale provides important protection for all parties by documenting the agreed terms and conditions of the property transaction.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Details of the seller, buyer, and estate agent, including full legal names, registration/ID numbers, and contact information
2. Background: Brief context of the sale and the parties' intentions
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed description of the property including erf number, physical address, size, and registration details
5. Purchase Price: The agreed purchase price and payment terms, including deposit details
6. Payment Terms: Breakdown of payment structure, timelines, and method of payment
7. Transfer and Registration: Details about transfer of ownership, timing, and responsible parties
8. Estate Agent's Commission: Commission amount, payment terms, and conditions
9. Risk and Possession: When risk transfers to the purchaser and possession date
10. Warranties: Standard warranties by both parties regarding the property and transaction
11. Compliance Certificates: Required certificates and responsibilities for obtaining them
12. Signatures: Formal execution section with space for all parties' signatures and dates
1. Bond Clause: Required when purchase is subject to the buyer obtaining mortgage finance
2. Sale of Purchaser's Property: Include when the purchase is conditional on the buyer selling their existing property
3. Occupational Rent: Terms for early occupation or delayed vacation by the seller
4. Special Conditions: Any unique terms specific to this transaction
5. Fixtures and Fittings: Detailed list of items included/excluded from the sale
6. Property Defects: Disclosure of known defects when specifically identified
7. Third Party Approvals: When sale is subject to body corporate, share block, or other third-party approvals
1. Schedule A - Property Details: Comprehensive property description including boundaries, improvements, and title deed information
2. Schedule B - Inventory: Detailed list of fixtures, fittings, and other items included in the sale
3. Schedule C - Compliance Certificates: List of required certificates and their status
4. Schedule D - Property Condition Report: Detailed report on the property's condition at time of sale
5. Appendix 1 - Property Plans: Building plans, site plans, or other relevant property diagrams
6. Appendix 2 - FICA Documents: Copies of identity documents and proof of residence as required by FICA
7. Appendix 3 - Estate Agency Mandate: Copy of the seller's mandate to the estate agent
Find the exact document you need
Memorandum Of Purchase And Sale Agreement
A South African law-governed agreement detailing the terms and conditions of a purchase and sale transaction between parties, including price, payment terms, and warranties.
Download
Estate Agent Memorandum Of Sale
A South African legal document recording the key terms and conditions of a property sale as mediated by an estate agent, serving as the foundation for the formal sale agreement.
Download
Memorandum Of Contract Of Sale
A legally binding property sale agreement document under South African law that records the complete terms and conditions of a property transaction.
Download
Memorandum Of Understanding For Flat Sale
A preliminary agreement document under South African law outlining the proposed terms and conditions for the sale of a flat/apartment in a sectional title scheme.
Download
Memorandum Of Agreement Sale Of Motor Vehicle
A South African law-compliant agreement documenting the sale and transfer of ownership of a motor vehicle between parties, including essential terms and conditions of the transaction.
Download
Memorandum Of Agreement For Sales Commission
A South African law-governed agreement establishing commission terms between a company and sales representatives, including payment structures and mutual obligations.
Download
Memorandum Of Agreement For Land Sale
A legally binding agreement under South African law documenting the sale and transfer of land between parties, compliant with the Alienation of Land Act requirements.
Download
Memorandum Of Agreement Of Sale
A South African legal document that formalizes the terms and conditions of a sale transaction between parties.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it