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Property Sale Agreement

This template is a legally binding agreement for the sale of a property between a seller and a buyer, outlining the terms and conditions of the transaction. It should be used when transferring ownership of land or buildings.

Updated 16d ago
propertysaleagreementreal estatecontractsouthern africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

AGREEMENT OF SALE

This Agreement of Sale (hereinafter referred to as 'the Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}

BETWEEN:

{{seller_name}} of {{seller_address}} (hereinafter referred to as 'the Seller')

AND

{{buyer_name}} of {{buyer_address}} (hereinafter referred to as 'the Buyer')

1. PROPERTY DESCRIPTION

The Seller hereby agrees to sell and the Buyer hereby agrees to purchase the following immovable property (hereinafter referred to as 'the Property'):

Erf/Stand Number: {{erf_number}}

Physical Address: {{property_address}}

Title Deed Number: {{title_deed_number}}

Extent: {{property_extent}} square meters

Description of Improvements: {{improvements_description}}

2. PURCHASE PRICE

The purchase price for the Property is {{currency}} {{purchase_price}} ({{purchase_price_words}}).

A deposit of {{currency}} {{deposit_amount}} ({{deposit_amount_words}}) shall be paid by the Buyer to the Seller's nominated conveyancer, {{conveyancer_name}}, within {{deposit_payment_days}} days of signing this Agreement.

The balance of the purchase price, being {{currency}} {{balance_amount}} ({{balance_amount_words}}), shall be secured by a guarantee satisfactory to the Seller, or by payment in cash, on or before the date of registration of transfer.

3. CONDITIONS PRECEDENT

This Agreement is subject to the fulfilment of the following conditions precedent:

3.1. The Buyer obtaining a loan from a recognized financial institution for an amount of not less than {{currency}} {{loan_amount}} by {{loan_approval_date}}.

3.2. The Buyer selling their current property located at {{buyer_property_address}} by {{buyer_property_sale_date}}.

4. POSSESSION AND OCCUPATION

Vacant possession of the Property shall be given to the Buyer on {{possession_date}}.

Should the Buyer take occupation of the Property prior to registration of transfer, the Buyer shall pay occupational rent of {{currency}} {{occupational_rent_amount}} per month, payable in advance on the first day of each month, commencing from the date of occupation.

5. COSTS

Transfer duty and all costs of transfer, including conveyancer's fees, shall be paid by the Buyer.

All rates and taxes, up to the date of possession, shall be borne and paid by the Seller.

6. BREACH

Should either party commit a breach of any of the terms or conditions of this Agreement and fail to remedy such breach within {{breach_notice_days}} days of receipt of a written notice to do so, the aggrieved party shall be entitled, without prejudice to any other rights which it may have in law, either to claim specific performance of the terms of this Agreement or to cancel this Agreement and claim damages.

7. JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of {{country_of_jurisdiction}}.

The parties hereby consent to the jurisdiction of the Magistrate's Court having jurisdiction over the Property, notwithstanding that the amount of the claim may exceed the monetary jurisdiction of the said Court.

8. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter hereof.

9. SIGNATURES

THUS DONE AND SIGNED at {{signing_place}} on the date first above written.

_________________________ _________________________

SELLER NAME: {{seller_name}} BUYER NAME: {{buyer_name}}

IDENTITY NUMBER: {{seller_id_number}} IDENTITY NUMBER: {{buyer_id_number}}

_________________________

WITNESS 1 NAME: {{witness1_name}}

_________________________

WITNESS 2 NAME: {{witness2_name}}

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