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The Real Estate Agreement Contract is a fundamental legal document used in South African property transactions to formalize the sale and purchase of real estate. It is essential for both residential and commercial property transfers, incorporating requirements from key legislation including the Alienation of Land Act, Property Practitioners Act, and Consumer Protection Act. This document is utilized whenever a property transfer occurs in South Africa, whether between private individuals, corporate entities, or a combination thereof. The agreement must contain specific elements mandated by South African law, including detailed property descriptions, price and payment terms, transfer conditions, and various compliance certificates. It serves as the primary reference point for conveyancers handling the transfer and provides critical protection for both buyers and sellers by clearly outlining all terms, conditions, and obligations of the transaction.

1. Parties: Identification and details of the seller and purchaser, including registration numbers for entities or ID numbers for individuals

2. Background: Context of the transaction and brief property description

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, payment terms, and deposit requirements

6. Payment Terms: Detailed payment structure, including deposit arrangements and balance payment conditions

7. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes fully effective

8. Transfer and Registration: Process and timing for property transfer and registration at the Deeds Office

9. Occupation: Occupation date and conditions, including occupational rent if applicable

10. Risk and Benefit: Transfer of risk and benefit of the property

11. Warranties and Representations: Standard and property-specific warranties from both parties

12. Estate Agent Commission: Details of estate agent involvement and commission arrangements

13. Compliance Certificates: Requirements for electrical, gas, electric fence, and beetle certificates

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

15. Dispute Resolution: Process for resolving disputes between parties

16. Notices and Domicilia: Official contact details and addresses for legal notices

17. General Terms: Standard contract terms including entire agreement, variation, and governing law

18. Signature: Execution provisions and signature blocks