Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
DEED OF SALE
This DEED OF SALE is made and entered into on this {{day}} day of {{month}}, {{year}},
BY AND BETWEEN:
{{seller_name}}, of {{seller_address}}, holder of National ID/Passport Number {{seller_id_number}} (hereinafter referred to as "the Seller"),
AND
{{buyer_name}}, of {{buyer_address}}, holder of National ID/Passport Number {{buyer_id_number}} (hereinafter referred to as "the Buyer").
(The Seller and the Buyer hereinafter collectively referred to as "the Parties" and individually as "Party")
WITNESSETH
WHEREAS the Seller is the lawful and absolute owner of the property more fully described in Schedule A hereto (hereinafter referred to as "the Property").
WHEREAS the Seller is desirous of selling the Property to the Buyer and the Buyer is desirous of purchasing the Property from the Seller, subject to the terms and conditions hereinafter appearing.
SALE AND PURCHASE
1. The Seller hereby sells, conveys, transfers, and assigns to the Buyer, and the Buyer hereby purchases and accepts from the Seller, the Property, free from any liens, charges, encumbrances, or adverse claims, save as expressly stated herein.
2. The Property is sold voetstoots (as is) and the Buyer acknowledges having inspected the Property and being satisfied with its condition.
PURCHASE PRICE AND PAYMENT
1. The total purchase price for the Property is {{currency}} {{purchase_price}} ({{purchase_price_words}}).
2. The purchase price shall be paid by the Buyer to the Seller as follows:
a) An initial deposit of {{currency}} {{deposit_amount}} ({{deposit_amount_words}}) on the signing of this Deed of Sale, acknowledged by the Seller and held in trust by {{attorney_name}} (the Conveyancing Attorney).
b) The balance of {{currency}} {{balance_amount}} ({{balance_amount_words}}) on or before the date of transfer of the Property into the Buyer’s name.
TRANSFER AND POSSESSION
1. The transfer of ownership of the Property from the Seller to the Buyer shall be effected by the Conveyancing Attorney, {{attorney_name}}, of {{attorney_address}}, within {{number_of_days}} days from the date of this Deed of Sale, or as soon as practically possible thereafter.
2. All costs relating to the transfer, including but not limited to transfer duty, conveyancing fees, and bond registration fees (if applicable), shall be borne by the Buyer, unless otherwise agreed in writing.
3. Possession of the Property shall be given and taken by the Buyer on {{possession_date}} or the date of transfer, whichever is earlier, from which date all risks and benefits associated with the Property shall pass to the Buyer.
WARRANTIES BY THE SELLER
1. The Seller warrants that they are the legal and beneficial owner of the Property and have the full right, power, and authority to sell and transfer the Property.
2. The Seller warrants that the Property is not subject to any undisclosed servitudes, leases, or other encumbrances that would materially affect the Buyer's enjoyment of the Property.
3. The Seller warrants that all rates, taxes, and utility charges levied against the Property up to the date of transfer have been or will be paid by the Seller.
BREACH
1. Should either Party commit a breach of any of the terms and conditions of this Deed of Sale and fail to remedy such breach within {{notice_period}} days after receipt of a written notice from the innocent Party calling upon the defaulting Party to remedy the breach, the innocent Party shall be entitled, without prejudice to any other rights it may have in law, to:
a) Claim specific performance of the terms of this Deed of Sale; or
b) Cancel this Deed of Sale and claim damages.
JURISDICTION
This Deed of Sale shall be governed by and construed in accordance with the laws of {{country_name}}.
The Parties hereby consent to the jurisdiction of the {{court_name}} Court for the purpose of any legal proceedings arising out of or in connection with this Deed of Sale.
SCHEDULE A: PROPERTY DESCRIPTION
Erf/Plot Number: {{erf_plot_number}}
Street Address: {{property_address}}
City/Town: {{city_town}}
District: {{district}}
Province/State: {{province_state}}
Title Deed Number: {{title_deed_number}}
Extent/Size: {{property_size}} square meters/hectares
Further description (e.g., boundaries, improvements, specific features): {{further_description}}
SIGNATURES
THUS DONE AND SIGNED at {{city_of_signing}} on this {{day_of_signing}} day of {{month_of_signing}}, {{year_of_signing}}.
________________________ ________________________
SELLER: {{seller_name}} BUYER: {{buyer_name}}
Date: {{date_seller_signed}} Date: {{date_buyer_signed}}
WITNESSES:
1. ________________________
Name: {{seller_witness_1_name}}
Address: {{seller_witness_1_address}}
2. ________________________
Name: {{buyer_witness_1_name}}
Address: {{buyer_witness_1_address}}
CONVEYANCING ATTORNEY (As witness to signatures and for receipt of deposit):
________________________
Name: {{attorney_name}}
Firm: {{attorney_firm}}
Date: {{date_attorney_signed}}
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