OFFER TO PURCHASE. Constituting a DEED OF SALE. when accepted. IDENTITY NR/REGISTRATION NR: MARITAL STATUS: and

Transcription

1 OFFER TO PURCHASE Constituting a DEED OF SALE when accepted IDENTITY NR/REGISTRATION NR: MARITAL STATUS: and IDENTITY NR/REGISTRATION NR: MARITAL STATUS: Domicilium address: Postal address: (hereinafter referred to as 'the Purchaser ) HEREBY OFFER TO PURCHASE FROM: IDENTITY NR/REGISTRATION NR: MARITAL STATUS: and IDENTITY NR/REGISTRATION NR: MARITAL STATUS: Domicilium address: Postal address: (hereinafter referred to as 'the Seller ) 1

2 NOW THEREFORE the parties agree to the following: THE PROPERTY: The Purchaser hereby makes an offer to the Seller to purchase the following property being: (hereinafter referred to as 'the Property') EXPIRY OF OFFER: This offer is: A: Irrevocable and shall constitute a final and binding sale upon acceptance hereof by the Seller on or before and; B: Subject to acceptance on the following terms and conditions, namely that: 1. PURCHASE PRICE 1.1 The purchase price payable by the Purchaser to the Seller amounts to R ( RAND), which amount is payable as follows: DEPOSIT: A deposit of R ( RAND) to be paid in cash to the Conveyancer before closing of business: ( ). The deposit will be held by the Conveyancer in trust with a registered financial institution of the 2

3 Conveyancer s choice in an interest bearing account. The interest which accrues on the said investment shall be for the benefit of the Purchaser and will become due and payable to the Purchaser on date of registration BALANCE OF THE PURCHASE PRICE FINANCIAL INSTITUTION LOAN: This agreement is subject to the Purchaser obtaining approval for a loan with a financial institution for a loan amount not less than R ( RAND) within ( ) calendar days of signature of this agreement, upon the security of a first mortgage bond to be registered over the property The Purchaser must within ( ) calendar days provide guarantees for the balance of the Purchase price of R ( RAND) The guarantees provided to the Conveyancer, must be provided by an acceptable bank and/or other financial institution on the terms and conditions as may be acceptable to the Seller (or the Conveyancer on the Seller s behalf) and Guarantee the payment of the balance of the purchase price to the Seller and/or his nominee upon registration of the property in the name of the Purchaser and registration of a mortgage bond, if applicable BALANCE OF THE PURCHASE PRICE - CASH: The Purchaser must within ( ) calendar days provide guarantees for the balance of the purchase price in the amount of R ( RAND). If the balance is held as access in a current bond account of the Purchaser, or the balance of the purchase price as mentioned above must be paid into the trust account of the Conveyancer within ( ) calendar days after signature of this deed of sale. 3

4 2. POSSESSION AND OCCUPATION Possession of the property shall be given by the Seller to the Purchaser on. 3. RISKS AND BENEFITS RELATING TO THE PROPERTY 3.1 The Purchaser shall as from date of registration be liable for and pay: all electricity and water consumed on the premises as well as all basic charges levied in connection therewith all applicable deposits for water and electricity all water board, irrigation scheme or similar levies All benefits which may accrue to the property shall likewise pass to the Purchaser upon date of registration. 4. TRANSFER OF THE PROPERTY 4.1 The Purchaser is liable and shall pay the following on demand: all costs relating to the transfer of the property into the name of the Purchaser which includes Transfer duty or VAT and transfer fees; All rates and taxes, electricities, sewerages and other levies charged in respect of the property calculated pro-rata as from the date of registration. 4.2 The Seller and Purchaser undertake immediately upon being requested to do so to sign all documents required to be signed in connection with the transfer of the property or the cancellation of any bonds. 4.3 The transfer of the property shall be effected by LÜNEBURG & JANSE VAN VUUREN INC., 15 VENTER STREET, NELSPRUIT within a reasonable period 4

5 after all the suspensive conditions have been fulfilled and the Purchaser having complied with his obligations in terms hereof. 5. ACKNOWLEDGEMENTS AND WARRANTIES Save as may be specifically recorded to the contrary herein: 5.1 The Purchaser acknowledges that: save for the conditions herein contained: He has acquainted himself with the nature, condition, beacons, extent and locality of the Property; and that he will have no claim whatsoever against the Seller for any deficiency in the size of the Property which may be revealed on any re-survey nor shall the Seller benefit from any possible excess; and that he has satisfied himself vis a vis water rights, borehole capacities, areas under irrigation, if applicable, and any other rights or assets pertaining to Property; and the Property is sold: subject to all conditions and servitudes mentioned or referred to in the current and/or prior Title Deeds of the Property or any zoning applicable thereto; and to the extent as it now lies, VOETSTOOTS, without any warranties whether express or implied and the Seller shall not be liable for any defects whether latent or otherwise in the Property nor for any damages suffered by the Purchaser by reason of such defects. 6. BREACH 6.1 BREACH BY THE SELLER: In the event of the Seller failing to comply with any terms of this agreement and in particular in respect of the warranties given, and in the event of the Seller failing to rectify such breach despite 14 (Fourteen) days written notice, 5

6 then the Purchaser shall be entitled, at his sole discretion and without prejudice to any of his other rights in law, to: Claim specific performance; alternatively Cancel this Agreement without further notice to the Seller and to claim such damages as to which the Purchaser may be entitled. 6.2 BREACH BY PURCHASER: In the event of the Purchaser failing to fulfil on due date any of the terms and conditions of this Agreement and in particular failing to make payment on due date or deliver guarantee(s), and in the event of the Purchaser failing to rectify such breach within 14 (fourteen) days of a notice calling upon the Purchaser to do so, the Seller shall have the right, at his sole discretion and without prejudice to any of his other rights in law, either: To cancel the sale, to eject the Purchaser and/or his Agent from the premises, and to claim such damages as the Seller may prove, without further notice to the Purchaser; alternatively To claim specific performance In the event of the Seller electing to claim specific performance, the Purchaser shall be obliged to make payment of interest at the rate of 22% per annum on any outstanding balance calculated with effect from the date of breach, until date of payment has been effected. 6.3 Any notice given by any party in terms of this Agreement, shall be given by way of written notice by pre-paid registered post. Any such notice given shall be deemed to have been received upon the fourth day after the posting thereof. 6.4 The successful party in any action relating to this Agreement shall be entitled to recover costs as between Attorney and Client from the other party. 6

7 7. JURISDICTION The parties hereby consent in terms of Section 45 of the Magistrate's Court Act of 1944 to the jurisdiction of their respective persons under Section 28 of that Act, notwithstanding that any action or proceeding arising out of this contract would otherwise be beyond the jurisdiction of such Court; provided that the Parties and the Estate Agents shall have the right to institute action in any other Court of competent jurisdiction. 8. WAIVER Notwithstanding any express or implied provisions of this Agreement to the contrary, any latitude or extension of time which may be allowed by one party to the other in respect of any matter that such party is bound to perform or observe in terms hereof, shall not under any circumstances be deemed to be a waiver of such party's rights at any time. 9. DOMICILE 9.1 The parties choose domicilium citandi et executandi (chosen address for delivery of any notice, pleading or execution in terms of this agreement: "domicilium") for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from the Agreement, the address set out on the front page of this agreement. 9.2 Each of the parties shall be entitled from time to time, by written notice to the other, to vary his domicilium to any other address within the Republic of South Africa which is not a post office box or poste restante. 9.3 Any notice given and any payment made by either party to the other ("the addressee") which Is delivered by hand during the normal business hours at the addressee's 7

8 domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery; Is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the fourth day after the date of posting Is given by any party to the other which is sent by telefacsimile to the particular addressee's domicilium for the time being shall be rebuttably presumed to have been received and accepted by the addressee on transmission thereof. 10. AGENT'S COMMISSION The Seller hereby agrees to pay the Estate Agent an agency commission of R ( RAND) VAT. This commission will become due on fulfillment of all suspensive conditions herein. The Seller and the Purchaser agree that the commission is earned and due. The Seller hereby irrevocably instructs the Conveyancer to pay such commission on registration of the transfer of the property. If the Seller and Purchaser agree to cancel this transaction for whatever reason, they will become jointly and severally liable for payment of the commission. 11. GENERAL 11.1 The parties undertake to do all such things as may be necessary, incidental or conducive to the implementation of the terms, conditions and import of this Agreement This Agreement constitutes the sole and entire agreement between the parties and no warranties, representations, guarantees or other terms and conditions of whatsoever nature not contained or recorded herein shall be of any force of effect No variation of the terms and conditions of the Agreement or any consensual 8

9 cancellation thereof shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives No indulgence with either party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future The parties warrant that the necessary consent required in terms of the Marriage Act, 88 of 1984, the Civil Unions Act 17 of 2006 and the Recognition of Customary Marriages Act 120 of 1998 has been granted (if applicable) Headings of paragraphs shall not be used for Interpretation purposes. Words importing the singular shall include the plural and vice versa, words importing the masculine gender shall include the feminine gender and words importing persons shall include bodies corporate. 12. VALUE ADDED TAX It is agreed between the Parties that V.A.T. is from the purchase price. Should the receiver of revenue however decide that V.A.T. is applicable on this transaction at the normal prescribed rate of 14%, the Purchaser will be liable for the payment thereof upon receipt of an V.A.T. invoice to this effect. 13. ELECTRICAL COMPLIANCE CERTIFICATE The Seller shall, prior to the date of registration of the transfer of the property into the Purchaser s name, and at his cost, deliver to the Conveyancer a Certificate of Compliance issued by a qualified electrician in terms of the regulations promulgated under Act 85 of 1993, as amended. The Seller hereby understands that he is responsible to ensure that the electrician used to issue such Certificate is registered at the relevant Council and both parties hereby indemnify the Conveyancer of any claims that may result herein. If the property is sold with a gas stove or any gas equipment, the Seller shall, at his own cost, 9

10 provide a Certificate of Conformity for Gas Installations in terms of the Occupational Health and Safety Act 1993 together with regulation 17(3) of the Pressure Equipment Regulation of If the property is sold with an electrical fence, the Seller shall, at his own cost, provide an Electric Fence System Certificate of Compliance in terms of the Occupational Health and Safety Act SUSPENSIVE CONDITIONS THUS DONE AND SIGNED AT ON THE DAY OF AS WITNESSES: 1. SELLER 2. SELLER THUS DONE AND SIGNED AT ON THE DAY OF

11 AS WITNESSES: 1. PURCHASER 2. PURCHASER 11