ARUNDO ESTATE. Client Name: Tax Number: Vat Number: Mr: Cell - Work Fax. Ms: Cell - Work Fax. - Mr : - Ms : (In Out of community)

Transcription

1 ARUNDO ESTATE Client Name: Trust Name: Trust No: Mr ID Number: Ms ID Number: Tax Number: Vat Number: Contact Details: Mr: Cell - Work Fax Ms: Cell - Work Fax - Mr : - Ms : Married: (In Out of community) Current Physical Address: Documents Needed: OTP SDP MIN SPEC LIST HOUSE PLAN ID PAYSLIP BANK STATEMENTS UTILITY BILL Agent Name: Contact No: Unit Type: S100 DUET Price: R Unit Number: 1

2 O F F E R T O P U R C H A S E 1. THE SELLER TOPBOU KONSTRUKSIE (Pty) Ltd NR: 1991/001388/2007 herein represented by Nita Isabella Maartens in her capacity as Director and duly authorized thereto 1.1 DOMICILIUM ADDRESS: 157 A Selborne Avenue Lyttelton Manor TEL NO: (012) FAX NO: (012) CONTACT PERSON: Jeanette du Plessis jdp@fivaz.co.za AND: 2. PURCHASER KINDLY FORWARD A COPY OF THE REQUIRED DOCUMENTS TO: FIVAZ ATTORNEYS TEL. NR: (012) FAX NR: (012) If unmarried : copy of first page of your Identity Document; If married : copy of both husband and wife s Identity Document, marriage certificate and if applicable, Ante nuptial Contract; If Company : Certified copy of the Memorandum and Articles of Association Certificate of Incorporation and Certificate to commence business; If CC : Certified copy of the Founding Statement; If a Trust : Certified copy of the Trust Deed and Letters of Authority. The Purchaser hereby warrants to the SELLER that the foregoing information is true and correct and that he/she knows of no other information which is relevant to his/her creditworthiness and/or contractual capacity and/or status, which he/she have not disclosed to the SELLER. SIGNED by the parties on the dates and at the places set out below. PURCHASER, who by his signature hereto warrants his capacity to enter into and sign this agreement, Date: Place: 2

3 Assisted herein insofar as may be necessary by me, the PURCHASER S spouse/2 ND PURCHASER, and binding myself to the SELLER as surety for and co-printed debtor in solidum with my spouse/1 ST PURCHASER for his/her obligations in terms of this agreement. SPOUSE of PURCHASER/2 ND PURCHASER Date: Place: For and on behalf of the SELLER, who by his signature hereto warrants his capacity to enter into and sign this agreement, Date: Place: 1. INTRODUCTION: WHEREAS the Seller is the registered owner of and is in the process of establishing a Township that will be known as The Reeds Extension 45 situated on Portion 113 (a portion of portion 10) of the farm OLIEVENHOUTBOSCH 389 Registration Division JR, Province of Gauteng, (THE REEDS EXTENSION 45) (Arundo Estate). AND WHEREAS the Purchaser wishes to purchase a S100 sectional title unit, which Unit will be erected on a duet erf in the proposed Township [ the property ]; AND WHEREAS the parties wish to record the terms and conditions of this offer in writing; NOW THEREFORE IT IS AGREED AS FOLLOWS:- 1.1 The PURCHASER hereby offers to purchase Unit No. 1 / 2 hereinafter called "The Property" in the Sectional Title Scheme to be established on the duet Erf nr. The Reeds Extension 45 in Arundo Estate Development upon which a unit is to be erected by the Seller in terms of the Specifications attached hereto and marked Annexure A. 1.2 DATE OF SALE/ACCEPTANCE: means the date of signature by the SELLER; 1.3 AGREEMENT OF SALE means this offer together with all its annexure, after the offer has been accepted by the SELLER; 2. PURCHASE PRICE: 2.1 The purchase price inclusive of VAT (Value added tax) of the unit is: R (Seven hundred and twenty nine thousand, nine hundred Rand) (VAT incl.) 3

4 2.2 The purchase price is payable by the PURCHASER to the SELLER and shall be secured by means of Bank guarantees approved by the SELLER in favour of the PURCHASER or its nominee, payable free of costs at PRETORIA against registration of transfer into the PURCHASER'S name, which guarantee shall be furnished by the PURCHASER to the SELLER within 14 (FOURTEEN) days of a written request by the Seller's Attorneys. 3. CONDITIONS PRECEDENT: 3.1 This agreement is subject to the PURCHASER obtaining a quotation or pre-agreement from a BANK within 21 (TWENTY ONE) days from date of signing this agreement by the Purchaser, in the amount of: R (Seven hundred and Twenty nine thousand, nine hundred Rand) (VAT incl.) 3.2 The PURCHASER hereby irrevocably appoints Bond Choice or its authorized nominee and/or agent to apply for the quotation or pre-agreement referred to 3.1 above in his stead. The PURCHASER is obliged to furnish such information and to sign all documents which Bond Choice may request in order to enable Bond Choice to apply for such a loan on behalf of the PURCHASER. The PURCHASER/nor an agent on his behalf is allowed to apply for a loan without the written consent of the Seller, in which case the PURCHASER will be liable for the Transfer and Bond cost. 3.3 In the event that a quotation or pre-agreement is not obtained as referred to 3.1 above the period or such extend period as the parties may agree to, this agreement will be cancelled. 4. OCCUPATION: 4.1 Occupation will, subject to compliance with the provisions of paragraph 3 and 4.2 of this agreement, be given to the PURCHASER on registration. 4.2 All payments due to the SELLER in respect of occupational interest or additional work done shall be made by the PURCHASER to the SELLER or his attorney before the keys will be handed to the PURCHASER. 4.3 The PURCHASER must supply the SELLER within 14 (FOURTEEN) days after occupation, per hand at his registered address, with a list of faults (if any), and provided such faults are indeed construction faults, same will be repaired by the SELLER within 8 (EIGHT) weeks after receipt of such list. 4.4 No further lists or faults will be allowed after the list referred to in clause 4.3 has been submitted to the SELLER and the SELLER will not be obliged to repair any further faults. 4.5 Should a dispute arise between the SELLER and the PURCHASER in respect of an item on the list referred in to clause 4.3 above, such dispute will be referred to the SELLER'S Architect for adjudication and the Architect's finding will be binding on both parties. 5. The SELLER undertakes to deliver a valid Electrical Compliance Certificate issued in terms of Act 6 of 1983 in respect of the electrical installation on the property, to the PURCHASER on or before the date of occupation or the date of registration of transfer whichever takes place first. All electrical and plumbing installations are guaranteed for a period of 90 (NINETY) days. 6. The SELLER will not be liable for any damage which the PURCHASER suffers as a result of any delays or factors out of the control of the SELLER, which factors will inter alia include, but not restricted to: Rain, labour disputes, and vis major. 7. TRANSFER: Transfer of the unit into the name of the PURCHASER will be effected by Attorneys FIVAZ INC, 97 GERHARD STREET, CENTURION (Contact person: Anita Fivaz / Jeanette du Plessis Tel ), at the SELLER'S cost, as soon as reasonably possible after the date on which the PURCHASER has complied with his obligations in terms of this agreement and provided the Sectional Title Register has been opened. 7.1 Transfer and bond costs will be paid by the SELLER subject to the following conditions: a) That the PURCHASER obtains a loan through Bond Choice. b) The PURCHASER will be liable for the Transfer costs as well as the bond costs, in the event of a loan not being obtained through Bond Choice. c) The PURCHASER is obliged, within 7 (SEVEN) days, upon demand to furnish all information and to sign all necessary documents which might be required by the SELLER'S attorneys to effect the transfer of the unit into the PURCHASER'S name. 4

5 8. BREACH: 8.1 Should the PURCHASER breach any of the terms of this agreement and fail to remedy same within 7 (SEVEN) days from date whereon a written notice is send by registered post or delivered by hand to the PURCHASER wherein the PURCHASER is required to remedy the breach within the said 7 (SEVEN) days period, the SELLER shall be entitled to either: Claim specific performance form the PUCHASER and of all amounts outstanding in terms of this agreement, will then immediately become due and payable. OR Cancel this agreement by written notice to the PURCHASER. 9. VOETSTOOTS : 9.1 It is specifically recorded that this sale is "voetstoots" and according to the specifications stipulated in this agreement and its annexure, the PURCHASER acknowledges that the SELLER has made no representations and/or given any warranties in respect of the property and/or the sectional title unit which is to be erected on the property. The PURCHASER is not entitled to demand that the unit be the same in all aspects as the show unit, but on the understanding that the craftsmanship and material that will be used be of the same quality. 9.2 The sale is furthermore subject to the conditions, reservations and servitudes contained in the title deed(s) of the property and to all conditions imposed by the local authority in respect of the development. 9.3 The SELLER will not be responsible for: cracks in walls, foundations ceilings, plaster or any other part of the building(s) caused by earth movements, soil formation and/or any other causes beyond the control of the SELLER. The SELLER will also not be liable for any claims whatsoever resulting from damages due to the abovementioned reasons. The roof is guaranteed by the seller for 90 (NINETY) days. 9.4 The PURCHASER will not be entitled to negotiate with any of the SELLER'S subcontractors and/or employees and may not give any instruction to any sub-contractor and /or employee. 10. OCCUPATIONAL RENT: 10.1 Should the PURCHASER obtain occupation of the residential dwelling to be erected on the property prior to transfer thereof into the PURCHASER'S name, the PURCHASER will be liable for the payment of occupational rent to the SELLER in an amount equal to 1,5% (ONE comma FIVE PERCENT) per month of the Purchase Price to the SELLER in terms of this agreement The occupational rent referred to in 10.1 above is payable, monthly in advance, on the first day of every month until date of registration of the unit into the PURCHASER'S name. 11. AGENT'S COMMISSION: The SELLER shall pay the agents commission on this transaction, provided that if the transaction is cancelled due to a breach hereof by the PURCHASER, the PURCHASER shall be liable for the payment of the agent's commission but limited to an amount of R (Fifty thousand Rand) 12. DOMICILIUM: The parties choose their as domicilia citandi et executandi the following addresses which must always be situated within the Republic of South Africa namely: 12.1 THE SELLER: 157 A Selborne Ave Lyttelton Manor THE PURCHASER: 13. CHANGE OF DOMICILIUM: Both parties are entitled to change their respective domicilium citandi et executandi by means of a written notice to the other party, and the notice shall be deemed to have been received on the 5 th (FIFTH) day from the date of posting thereof by prepaid registered post. 5

6 14. SURETY IN RESPECT OF COMPANY, CLOSE CORPORATION AND NOMINEE If the PURCHASER: 14.1 acts as trustee for a legal persona still to be registered, he/she binds himself/herself in his/her personal capacity as surety and co-principal debtor in solidum towards the SELLER (by means of his/her signature to this document) for the due and prompt performance by the legal persona of all the conditions hereof. In the event that such a legal persona is not established or does not accept and ratify this agreement, it is agreed that the subscriber to this document will be the PURCHASER in his/her personal capacity acts as go-between in the event of a sale for the benefit of a third, and such third party nominee does not accept the benefits and obligations of this agreement, it is agreed that the subscriber to this document will be the PURCHASER in his/her personal capacity; 15. WARRANTIES: Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein, unless reduced to writing and signed by both parties. 16. VARIATIONS AND/OR ADDITIONS: No addition to, variation of, or agreed cancellation of this agreement or any of the annexure hereto shall have any force or effect unless reduced to writing and signed by both parties. 17. SPECIAL CONDITIONS 17.1 Building plans will be strictly adhered to and no structural changes will be allowed. The finishing is standard and will not be deviated from. (see annexure A) 18. HOME OWNERS ASSOCIATION (HOA) 18.1 The PURCHASER acknowledges that the SELLER has or will establish a Home Owners Association, whose members will all be owners/registered owners of PROPERTY in the TOWNSHIP and accordingly, the provisions of the Memorandum of Articles of Association and the rules of the HOA shall pertain to the PROPERTY, and the PURCHASERS thereof The objectives of the HOA are contained in the Memorandum and Articles of that Section 21 Company. In order to enable the HOA to fulfil the functions for which it was established, the PURCHASER hereby acknowledges that by signature of this offer to Purchase, he/she shall be deemed to have applied for membership of the HOA, in which temporary membership will be granted to the PURCHASER on acceptance of this Agreement by the SELLER. Permanent membership will be granted automatically on registration of transfer into the name of the PURCHASER. Only permanent members shall have the right to vote at meetings of the Association. The PURCHASER acknowledges that he/it will be obliged to honour the Rules of the said association as resolved from time to time, and specially agrees that, after the PURCHASER has entered into a binding agreement of sale with the SELLER, all rights and obligations pertaining to both the SELLER and PURCHASER in respect of the HOA shall pertain to the parties, and the PURCHASER shall be deemed to be a member of the Association for thee purposes, notwithstanding the fact that transfer has not yet been taken by him/her Servitude of Right of Way in favour of the PROPERTY, over each Access Security Stand, may be registered. The PURCHASER herein irrevocably appoints the SELLER as his Agent for the purposes of establishing the security system and registering the servitudes previously mentioned, should the SELLER wish to do so The PURCHASER hereby agrees as follows: to abide by the Memorandum and Articles and adhere to any rules or by-laws made by the HOA, which shall be available to the PURCHASER on request, and which may be amended, from time to time; and to pay the amounts levied by the HOA, from time to time, in respect of security and maintenance costs. The levy shall become payable on a date determined by the HOA. 6

7 18.5 The PURCHASER hereby agrees to the registration of Conditions, similar to the following conditions, against the title deed of the PROPERTY, namely: Any owner of a STAND, or any subdivisions thereof, or any other interest therein, or any unit as defined in terms of the Sectional Titles Act, shall become and shall remain a member of the HOA and be bound by its resolutions in terms of its powers as set out in the Memorandum and Articles of Association until such time as he/she ceases to be an owner as aforesaid. No STAND or any subdivision thereof or interest herein or any unit thereon, shall be HOA, and who has irrevocably agreed in writing to abide by the Memorandum and Articles and rules of such Association The owner of the stand or any subdivision thereof or any interest therein or any unit as defined in terms of the Sectional Titles Act, shall not be entitled to transfer the STAND or any subdivision or any interest therein, or unit thereon, without a Clearance Certificate from the HOA that all monies owing to the Association have been paid, and that at date of transfer the transferor is not in breach of any of the rules of the Association or any of the terms and conditions of this Agreement It is recorded that prior to the PURCHASER being granted permanent membership of the HOME OWNERS ASSOCIATION, the SELLER will be entitled and obliged to exercise all the rights and duties conferred upon the Trustees of the HOA. The PURCHASER therefore acknowledges to be fully acquainted with the duties imposed in terms of the Memorandum and Articles of Association of the HOA and in particular, the powers of the Trustees to approve designs of any buildings to be erected on the PROPERTY and to attend to Approval of building plans It is specifically recorded that notwithstanding the PURCHASER being granted membership of the HOA upon transfer of the PROPERTY in his/it s name, and therefore subject to the duties imposed on members, no building, walling, fencing, exterior lighting or signage may be erected or altered on the PROPERTY without the written consent of the HOA, first being had and obtained The PURCHASER hereby irrevocably authorizes the SELLER to do all such things as may be necessary to enrol him as a member of the ASSOCIATION with effect from transfer; and shall remain as a member until he ceases to be the owner of the PROPERTY The PURCHASER further acknowledges that he is aware that the Association is obliged by the SELLER to acquire ownership of the access, security sites and buildings thereon as well as private open spaces in the TOWNSHIP and the ESTATE, by way of pre-proclamation transfer (quasidonation), and accordingly the PURCHASER undertakes to exercise his vote in favour of such acquisition and subsequent transfer of the private open spaces to the Association As from date of transfer the PURCHASER shall be liable for payment to the HOA of a levy as determined by the HOA and which levy shall be utilized internalia towards maintenance of property belonging to the HOA and the security matters and for such other purposes as the constitution of the HOA may prescribe. Such levy shall not include rates and taxes in respect of the property for which the PURCHASER shall remain separately liable as provided for. 19. SERVITUDES Should it be necessary at the discretion of the Seller/HOA to register reciprocal servitudes of all common places, sign all such powers of Attorneys and any other documents and perform all such acts as may be necessary in order to affect registration of such servitudes against and in favour of the Purchaser s title to the property subject to the terms and conditions as may be reasonably imposed to ensure the beneficial rights of access to the owners of all properties concerned. 20. FURTHER CONDITIONS: The SELLER shall be entitled to register any conditions of title against the Title Deed of the PROPERTY as deemed necessary for the protection of the HOA s interests. In particular the following conditions shall apply: 20.1 The PURCHASER hereby confirms that the development is not yet fully developed and that inconvenience may be experienced due to construction work on neighbouring properties. 7

8 The PURCHASER shall have no claim against the SELLER or the builders as a result of such inconvenience The Purchaser hereby agrees and formally consents to any application made by the Developer, now or in the future, to change the zoning of the development, or parts thereof into higher density areas. (e.g. zoning: res 3, double storey units-60 per hectares) SIGNED by the parties on the dates and at the places set out below. PURCHASER, who by his signature hereto warrants his capacity to enter into and sign this agreement, Date: Place: Assisted herein insofar as may be necessary by me, the PURCHASER S spouse/2 ND PURCHASER, and binding myself to the SELLER as surety for and co-printed debtor in solidum with my spouse/1 ST PURCHASER for his/her obligations in terms of this agreement. SPOUSE of PURCHASER/2 ND PURCHASER Date: Place: For and on behalf of the SELLER, who by his signature hereto warrants his capacity to enter into and sign this agreement, Date: Place: 8

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10 SPECIFICATION LIST Special S100 OUTSIDE & STANDARD SPEC * Paving: As per sample: Driveway and Surrounding unit 700mm 60m2 * Outside walls: Plastered and painted (Standard colour). * Lawn: 70m² supplied * All windows: Wooden window frames * Washing line: Not included * Outside Taps: One on strategic point * Border Wall 1,5m high, plastered & painted (standard colour). No walls on street side * Roof: Roof trusses with Cement tile to engineer spec * Light fittings: 2 x Outside lights * Light switches: All switches Clipsal 2000 range/crabtree Diamond Range * Plugs: All plugs Clipsal 2000 range * Traditional lamp post on sidewalk ENTRANCE/ OPEN PATIO: * Floor: Standard tile - as per R55 sqm. * Door: Front door (813mm Wooden door frame, solid door & 3 lever brass lock) * Ceilings: painted + Rhino Cove Cornice w:75 * Columbs: Painted (Standard colour) * Light fittings: 1 x light as per contractor sample board LOUNGE/DINING ROOM * Floor: Tiles - as per R55 sqm * Skirtings: 70mm meranti * Ceiling: painted + Rhino Cove Cornice w:75 * Walls: Plastered and painted * Light fittings: 1 x light as per contractor sample board * Plugs: 1 x Double plugs * Curtain rails: None * TV point: 1 (piping and socket only) KITCHEN * Floor: Tiles - as per R55 sqm * Door: Back door - 813mm wooden frame + hardwood door + 3 lever brass lock * Ceiling painted + Rhino Cove Cornice w:75 * Walls: Tiled (1.4m high) as per R55 sqm * Walls: Plastered and painted above tile height * Light fittings: 1 x 4ft Double Fluorescent lights * Plugs: 2 x Double plugs * Bic's Kitchen units as per attached layout plan * Stove: 1 x 600mm Stainless steel undercover with HOB & extractor fan stove * Sink: 1 x 1200 double sink OR as per plan * Taps: Standard mixers as per contractor sample board * W/Machine point: 1 x Washing machine point * Curtain rail: None 10

11 * Telephone: 1 x Telephone point (piping and socket only) * Kitchen tops: Formica tops PASSAGE * Floor: Tiles - as per R55 sqm * Skirtings: 70mm meranti * Ceilings: painted + Rhino Cove Cornice w:75 * Walls: Plastered and painted as lounge * Light fittings: 1 x light as per contractor sample board * Plugs: None MAIN BEDROOM * Floor: Carpet R85.00 fitted * Skirting: 70mm meranti * Door: 813mm wooden frame + hollow core Recency door + 2 lever brass locks * Ceiling: painted + Rhino Cove Cornice w:75 * Walls: Plastered and painted * Light fittings: 1 x light as per contractor sample board * Plugs: 1 x Double plugs * Bic's: As per attached layout plan * Curtain rails: None MAIN EN-SUITE * Floor: Tiles - as per R55 sqm * Skirtings: None * Ceiling: painted + Rhino Cove Cornice w:75 * Walls: Tiled (1.4m high) as per R55 sqm * Walls: Plastered and painted above tile height * Light fittings 1 x light as per contractor sample board * Bath: 1700mm oval corner bath * Toilet Cerra close couple cistern+ pan white cognac top flush * Basin: Pedestal and basin/ Vanity 1200 ( as per plan) * Taps Standard mixer as per contractor sample board. * Towel Holder: Standard fittings as per contractor sample board. * Roll Holder: Standard fitting as per contractor sample board * Soap Dish Standard fitting as per contractor sample board * Curtain rails: None BEDROOM 2 * Floor: Carpet R85.00 fitted * Skirting: 70mm meranti * Door 813mm wooden frame + hollow core Recency door + 2 lever brass locks * Ceiling: painted + Rhino Cove Cornice w:75 * Walls: Plastered and Painted * Light fittings 1 x light as per contractor sample board * Plugs: 1x Double plug. * Big's As per attached layout plan. * Curtain rail: None 11

12 BATHROOM 1 * Floor: Tiles - as per R55 sqm. * Skirtings: None. * Door: 813mm wooden frame + hollow core Recency door + 2 lever brass locks * Ceilings painted + Rhino Cove Cornice w:75 * Walls: Tiled (1.4m high) as per R55 sqm * Walls: Plastered and painted above tile height * Shower: 900mm shower with clear glass door * Toilet: Betta close couple cistern + pan white cognac top finish * Basin Pedestal and basin * Taps: Standard mixers as per contractor sample board * Towel holders: Standard fitting as per contractor sample board * Roll holders: Standard fitting as per contractor sample board * Soap Dish: Standard fitting as per contractor sample board * Curtain rail: None * Geyser: 1 x 150 litre Kwikhot (or similar) * Light fittings 1 x light as per contractor sample board CARPORT * Roof IBR * Floor: Paving * Door 40 panel Meranti hardwood No special foundations or blasting for foundations is Allowed for. 12