DEED OF SALE (Turn - Key / Completed House Off Plan)

Transcription

1 Erf No. SITARI DEED OF SALE (Turn - Key / Completed House Off Plan) Made and entered into by and between: MOROW INVESTMENTS 375 CC Trading as Trinity Projects Registration Number 2010/026077/23 (herein represented by duly authorised hereto in terms of a Resolution) ( the Seller ) And whose full particulars appear in the Information Schedule, forming an integral part of this Agreement

2 ( the Purchaser ) The Seller and the Purchaser mentioned in the Information Schedule hereby enter into an Agreement of Sale for the sale of the property with a dwelling house thereon as described in C1 of the Information Schedule for the purchase price recorded in E of the Information Schedule and on the terms set forth in the Information Schedule and Standard Terms and Conditions forming pages 3 to 18 hereof and Annexure s A - C. SIGNED AT THIS DAY OF 20 AS WITNESSES: for and on behalf of the SELLER, the signatory warrants his/her authority hereto SIGNED AT THIS DAY OF 20 AS WITNESSES: PURCHASER, the signatory warrants his/her authority hereto, where applicable SIGNED AT THIS DAY OF 20 AS WITNESSES: ND PURCHASER / 1 ST PURCHASER S SPOUSE (if applicable) SIGNED AT THIS DAY OF 20 AS WITNESSES: for and on behalf of the CONTRACTOR, the signatory warrants his authority hereto in respect of the provisions of Paragraph 15 of the Agreement

3 INFORMATION SCHEDULE A A1 SELLER Full name MOROW INVESTMENTS 375 CC trading as TRINITY PROJECTS A2 Registration No. 2010/026077/23 A3 Address in full 11 Gladstone Street Durbanville, 7550 (street address) A4 Telephone (Erik Joubert) A5 Telefax A6 erik@trinityprojects.co.za B PURCHASER B1 Full names B2 ID/Registration No(s) B3 Address in full (street and postal addresses) Code Code B4 Marital status B5 B6 In / out of community Telephone B7 Cell Phone

4 B8 B9 Telefax B10 Signatory for Purchaser: Full names: C THE PROPERTY Capacity: C1 Description Erf No. Sitari, as shown on the Site Diagrams annexed hereto marked "A" C2 Extent of Erf square metres as per approved General Plan C3 Street Address D ESTIMATED OCCUPATION / COMPLETION DATE E1 Total Purchase Price (inclusive of VAT) (E1 = E2 + E3 + E4) As per and subject to Clause 8.13 of the Agreement Estimated to be on or around: R E2 Deposit payable on signature of this Agreement R E3 Amount of Bond required, if any R E4 Balance of Purchase Price R F BOND COSTS The Purchaser will be liable for payment of initiation, valuation fees and bond registration and attorney fees G SELLING AGENT Sitari Property Sales (Pty) Ltd H ESTIMATED MONTHLY LEVY PAYABLE BY PURCHASER SUMMARY OF ANNEXURES Annexure A Annexure B Annexure C Annexure D Draft Site Diagram / Property Identification Dwelling Layout / Plans Specifications Restrictive Conditions as imposed by SITARI COUNTRY ESTATE and available on request from Estate Agent or the SITARI WEBSITE

5 STANDARD TERMS AND CONDITIONS 1. PREAMBLE 1.1 The Seller has agreed to sell and the Purchaser has agreed to purchase the property described in C of the Information Schedule subject to the fulfilment of the conditions precedent recorded in this agreement. 1.2 The Seller has agreed to erect a dwelling on the property for and on behalf of the Purchaser, such dwelling house to be included in the purchase consideration referred to in E of the Information Schedule. 2. INTERPRETATION 2.1 In this agreement, unless the context otherwise indicates: the completion date means the date upon which the Building Inspector employed by the local authority or architect issues an Occupancy Certificate in respect of the dwelling to the effect that the dwelling is fit for beneficial occupation or the date of handover of the keys of the house to the Purchaser whichever date is earlier subject to the provision that in the event of a dispute, the completion date shall be certified as such by the architect, whose decision as to that date shall be final and binding on the parties; the dwelling means the residential house to be constructed by the Seller on the property for and on behalf of the Purchaser as envisaged herein; the architect means any registered architect as may be appointed by the Seller from time to time; the Information Schedule means the Information Schedule set out on pages 3 and 4 hereof which shall be deemed to be incorporated in this agreement and shall be an integral part thereof; the occupation date means the date on which the Seller hands over the keys of the dwelling to the Purchaser, or transfer whichever is the earliest; the prime rate means a rate of interest per annum which is equal to the published minimum lending rate of interest per annum, compounded monthly in arrear, charged by ABSA Bank Limited on the unsecured overdrawn current accounts of its most favoured corporate clients in the private sector from time to time. (In the case of a dispute as to the rate so payable, the rate may be certified by any manager or assistant manager of any branch of the said bank, whose decision shall be final and binding on the parties.); the property means the property sold to the Purchaser in terms of this agreement as identified in clause C1 and C3 in the Information Schedule and as shown on the site diagram attached marked A, whereupon the Seller is to erect a residential dwelling for the Purchaser prior to transfer; the plan of subdivision means the site diagram / property identification annexed - Annexure A;

6 2.1.9 the Purchaser means the party/ies described in the Information Schedule; the Seller means the party described in the Information Schedule; the Seller s attorneys means Bowman Gilfillan Incorporated of 22 Bree Street, Cape Town Tel (021) , Fax (021) (Ref: W Hamer; Standard Bank Trust Account Details: BOWMAN GILFILLAN INCORPORATED, Account Number , Branch Code: ); the signature date means the date upon which this agreement is signed by the party who signs same last in time; transfer date means the date of registration of transfer of the property in the name of the Purchaser in the deeds office; the works means all the activities which are required to be undertaken to erect a residential dwelling unit on the property for purposes of handover to the Purchaser; the dwelling house means the dwelling house to be constructed on the property by the Seller; VAT means value-added tax at the applicable rate in terms of the Value Added Tax Act No 89 of 1991 or any statutory re-enactment or amendment thereof. 2.2 The head-notes to the paragraphs in this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate. 2.3 Words importing the singular shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine and neuter genders, and vice versa, and words importing persons shall include partnerships, trusts and bodies corporate, and vice versa. 2.4 If any provision in the Information Schedule, clause 1 and or this clause 2 is a substantive provision conferring rights or imposing obligations on any party, then notwithstanding that such provision is contained in the Information Schedule, clause 1 and/or this clause 2 (as the case may be) effect shall be given thereto as if such provision was a substantive provision in the body of this agreement. 3. SALE OF THE PROPERTY The Seller hereby sells and the Purchaser hereby purchases the property, subject to and upon the terms and conditions contained in this agreement. 4. PURCHASE PRICE AND METHOD OF PAYMENT 4.1 The Total purchase price of the property shall be the amount stated in paragraph E1 of the Information Schedule regardless of the final extent of the property as reflected on the site diagram attached marked Annexure A.

7 4.2 The Purchaser shall pay the Seller s attorneys the deposit for the property as stated in paragraph E2 of the Information Schedule on signature of this agreement by the Purchaser, which deposit shall be held in trust by the Seller s attorneys and invested in an interest bearing account in accordance with the provisions of Section 26 of the Alienation of Land Act No 68 of 1981 (as amended) with interest to accrue to the Purchaser. The provisions of this clause 4.2 shall constitute authority to the Conveyancers, in terms of Section 78(2A) of the Attorneys Act, to invest the deposit for the benefit of Purchaser pending registration of transfer. 4.3 The Seller will not be bound to the Purchaser in terms of this agreement until such time as the deposit referred to in paragraph E2 has been paid to the Sellers attorneys trust account referred to in paragraph 4.2 above. The Seller shall be entitled to accept further offers acceptable to the Seller, until such time that written confirmation is given to the Seller or his attorneys by the Purchaser confirming the payment of the deposit as provided for in this clause 4.3 In the event of the Seller accepting an offer to purchase the property on terms and conditions acceptable to the Seller prior to receipt of such written notification, this agreement shall be deemed ipso facto null and void. 4.4 Within 21 (twenty one) days after signature of this agreement, the Purchaser shall furnish the Seller with an irrevocable guarantee issued by a registered commercial bank for the due payment of the balance of the purchase price of the property as referred to in clause E4 of the Information Schedule, or in the event of the Purchaser requiring a mortgage bond for purposes of acquiring the property in the amount recorded in clause E3 of the Information Schedule, within 21 (twenty one) days of securing a mortgage bond as provided for in clause 16.1 hereunder. 4.5 Or alternatively to the delivery of the guarantee referred to in clause 4.4 above, the Purchaser shall within the same time periods as provided for in the aforesaid clause, pay into the trust account of the attorneys, the balance of the purchase price of the property as referred to in clause E4 of the Information Schedule, to be held by such attorneys in an interest bearing trust account, interest to accrue for the benefit of the Purchaser until the date upon which payment of the relevant amount falls due to the Seller. The Purchaser hereby irrevocably authorises the attorneys to release from the funds so received, the payments due to the Seller in terms of the provisions of this agreement. 4.6 The Seller, at its sole discretion may elect to extend the periods as mentioned in clause 4.4 and/or 4.5 above. 4.7 All amounts payable by the Purchaser in terms of this agreement shall be paid to the Seller s attorneys free of bank charges or commission at Cape Town and without deduction or set off by means of a bank guaranteed cheque or a cheque drawn by a registered South African commercial bank. 4.8 The Total Purchase Price of the property as recorded in clause E1 of the Information Schedule shall be paid to the Seller on date of registration of transfer. 5. TRANSFER OF THE PROPERTY 5.1 Transfer of the property shall be passed by the Seller s attorneys and shall be given and taken as close as possible to the estimated completion date.

8 5.2 The Purchaser shall be responsible for payment of the costs of the Seller s attorneys insofar as it relates to the transfer of the property (plus VAT on such costs), costs of all necessary affidavits and all other costs which have to be incurred in order to comply with the statutes or other enactments or regulations relating to the passing of transfer of the property. The Purchaser shall also be responsible for payment of all bond costs (if any) (plus VAT on such costs). 6. POSSESSION, OCCUPATION, RISK AND PROPRIETARY AND MUNICIPAL CHARGES 6.1 The Seller shall give the Purchaser possession of the property on the transfer date. 6.2 All risk and benefit in the property shall be passed to the Purchaser on the transfer date. 6.3 The Purchaser shall be liable for a pro rata share of rates, taxes and other proprietary charges payable in respect of the property with effect from the transfer date, or occupation date, whichever occurs first. 6.4 The Purchaser shall refund to the Seller a proportionate share of such charges paid by the Seller in advance and the Purchaser shall on demand pay to the Conveyancers an estimated pro rata portion of such rates etc. in advance to enable the said Conveyancer to pay such rates etc. before registration of transfer. 6.5 Any deposits or payments paid by the Seller for and on behalf of the Purchaser shall be refundable by the Purchaser immediately after the Seller has effected payment thereof. 6.6 In the event that occupation is given, prior to transfer, the Purchaser shall be liable towards the Seller for occupational rental of R (TWENTY THOUSAND RAND) per month, payable in advance towards the Seller. 6.7 It is specifically recorded that occupation of the property shall not be given by the Seller, unless the Purchaser has complied with all the suspensive conditions of this agreement and signed all documentation relevant to this transaction. The Seller, at its own discretion reserves the right to allow occupation of the property prior to transfer or not. 7. BUILDING ON THE PROPERTY 7.1 The Seller undertakes in a proper and workmanlike manner to erect a residential house ( the dwelling house ) on the property substantially in accordance with the building plans and finishing schedules attached hereto as Annexure s B and C. 7.2 The Seller will supply all material and labour required for the dwelling house. In the event of any discrepancy arising between the plans and specifications, the provisions of the specifications shall prevail. 7.3 The Purchaser irrevocably grants power of attorney to the Seller to sign and submit the necessary drawings and specifications to the (ARC, SCEMHOA, as defined in Annexure D ) and the Local Authority for its approval. 7.4 The Purchaser acknowledges that the Seller shall be entitled to appoint subcontractors in respect of the whole or any part of the dwelling house, but shall notwithstanding such appointment remain liable to the Purchaser in terms hereof.

9 8. CONSTRUCTION OF DWELLING HOUSE The Seller shall erect a dwelling House on the property on the terms and conditions as provided for herein to include:- 8.1 The dwelling House shall be erected and completed on the property substantially in accordance with the dwelling layout and specifications annexed hereto as Annexure s B and C and initialled by both parties for identification purposes ("the dwelling House"). 8.2 Extras, variations and omissions shall mean all work, which cannot reasonably be inferred from the dwelling layout and specifications annexed hereto as Annexure s B and C. 8.3 The Seller shall commence the building work within a reasonable period and shall complete the dwelling as close as possible to the completion date referred to in Paragraph D of the Information Schedule and in accordance with the approved building plans and the specifications. 8.4 In the event of the building work being delayed by non-availability for any materials, plant or labour, accident on work site for which the Seller is not responsible, bad weather, viz major or other reasonable cause the Seller shall not be liable to the Purchaser for any damages caused by the delay. 8.5 The Purchaser will be given the opportunity to choose certain finishes from the selection to be made available by the Seller, relating inter alia, to carpet colours and tiles and cupboards. The Purchaser undertakes to finalise this choice of finishes within the time period granted by the Seller. The Seller shall not guarantee the colour, texture or availability of such finishes, and upon being advised by the Seller that the finishes selected are not available, the Purchaser shall forthwith choose alternatives thereto. In the event that the Purchaser is unavailable to make the necessary choices, then the Architect will be authorised to make such choices in cases where delays are likely to be caused by the unavailability of the Purchaser. 8.6 If commencement of the dwelling house is delayed for longer than a period of 6 months after the scheduled commencement date for any reason other than a reason attributable to the fault and/or omission of the Seller, then the Seller shall be entitled in its sole discretion to resile from this agreement, with neither party having any further claim against one another, other than a refund to the Purchaser of the deposit paid in terms of paragraph E2 of the Information Schedule, or alternatively claim an adjustment to the purchase price in accordance with any increases in the cost of material and/or labour which might in the interim have occurred. In the event of the parties not being able to reach agreement as to the adjustment to the purchase price, then a quantity surveyor appointed by the Seller shall determine the dispute and the quantity surveyor s determination shall be final and binding on the parties. 8.7 The Seller shall endeavour to complete the dwelling house by the occupation date referred to in D of the Information Schedule subject to the provisions of Clause 8.13 below. 8.8 The Seller shall give to the Purchaser not less than 20 days notice in writing of the anticipated completion date of the dwelling house, provided, however, that the Seller shall, after having given the Purchaser notice as contemplated aforesaid, be entitled to postpone the completion date by giving further notice to the Purchaser to this effect within 21 days after dispatch by the Seller of the first notice mentioned herein.

10 8.9 For purposes aforesaid, the issue of an occupancy certificate by the Building Inspector employed by the relevant local authority or architect shall constitute the completion date of the dwelling house or the day the Purchaser takes hand over of the keys, whichever is earlier as per Clause above The occurrence of the event detailed in Clause 8.9 above shall constitute complete proof of the satisfactory completion of the dwelling house by the Seller and the Seller shall be discharged completely from all obligations expressed or implied under this contract and any variation thereof or addition thereto and the Purchaser shall have no further claim on the Seller, save as specifically otherwise provided herein Notwithstanding anything elsewhere provided for in this agreement all amounts owing in terms of this agreement which have not already been paid in terms of the provisions of this agreement shall be forthwith payable on the completion date The Purchaser acknowledges that any extension of period granted by the Seller for the fulfilment of any suspensive conditions in term of this agreement may cause a delay of the completion date. The Seller shall not be held liable for any delays caused by such extensions The Estimated Completion Date is, 6 to 7 months after the fulfilment of any suspensive conditions of this agreement excluding any delays provided for in terms of this agreement The Purchaser shall not interfere with building operations on site or issue any instructions to the Seller s contractor or subcontractors during the construction period. The Purchaser shall only deal with the Seller in this regard. 9. SITING AND FINISHES OF BUILDINGS 9.1 Should it for any reason in the Seller s sole discretion be required, the Seller shall be entitled to make the necessary changes where it in it s sole discretion considers it necessary to alter the siting of either the dwelling house or out-buildings or both from the positions shown on the site layout and drawings forming part of the Annexure s hereto, subject to the condition that any additional costs incurred in making these alterations shall be borne by the Seller. 9.2 In the event of an error in the siting of the dwelling house or outbuildings or both by the Seller such error shall not be deemed to constitute a breach of this agreement by the Seller and the Seller shall have the right and the Purchaser hereby automatically authorises the Seller to make such amendments, alterations or modifications to the Plans and/or Specifications and/or the dwelling house and outbuildings as may be necessary in order to legitimise the erroneous siting of the dwelling house and/or outbuildings or if necessary to re-site the same so as to comply with any law, bylaw, regulation, condition of title or the like, which would otherwise have been breached by such erroneous sitings of the dwelling house or outbuildings or both. 9.3 The Purchaser shall have no claim of whatsoever nature or howsoever arising against the Seller for damages as a result of a change of or an error in the siting of the dwelling house or outbuildings or both. 9.4 The placement of any boundary wall to the property, is determined by the architect, accordingly such boundary wall may, or may not, form part of the property.

11 10. VARIATIONS 10.1 The Seller shall not be obliged to agree to any additional works or changes to the dwelling house as may be requested by the Purchaser. Any agreed changes as may be required by the Purchaser must be paid for to the Seller on request, otherwise the works shall proceed as per the specification and plans. The Seller shall not be liable for any delay in the completion date of the dwelling should such delay be attributed to variations required by the Purchaser. The Purchaser shall further be liable for any and all costs attributed to delays caused by the Purchaser The Purchaser shall not under any circumstances be permitted to issue any instructions directly to the building contractors. All matters related to the dwelling house shall be directed to the appointed agent of the Seller in writing. 11. VOETSTOOTS, EXTENT AND TITLE CONDITIONS 11.1 Save as herein specifically provided, the sale constituted by this Agreement shall be "voetstoots" and the Seller gives no warranties of any nature whatsoever, whether expressed or implied. The Purchaser hereby acknowledges that the Seller shall in no way be responsible for any defect whether latent or patent on the property, apart from those warranties provided for in terms of the National Home Builders Registration Council, which are: Deficiencies related to workmanship and materials 90 Days after the date of completion Roof and gutter leaks attributable to workmanship, design or materials 12 Months after the date of completion Major structural failure of structure and roof 5 Years after the date of completion It is inevitable that hairline cracks occur. These cracks are not of a structural nature and are caused by shrinkage and movement between building materials or settlement. These cracks are considered normal maintenance. The Seller shall not repair any cracking of this nature The Seller shall not be held responsible for any mould growth caused by lack of ventilation and / or condensation Approved windows and doors are used in construction, the Seller shall not be held responsible for doors and windows slamming in windy conditions or any damage cased thereby No window and door is completely weatherproof during heavy wind and storm conditions. Windows and doors are manufactured to comply with certain allowable tolerances and movement that will allow these to function in a proper manner under normal conditions. The Seller is not in control of this, and therefore shall not be held responsible for wind and rain that may enter under these conditions Any defect as provided for in this agreement shall be reported by the Purchaser to the Seller in writing. The Seller shall, if responsible for such defect, be allowed a reasonable time to attend to the defect. The Purchaser shall grant access during normal working hours for purposes of rectification of agreed defects.

12 11.7 The property and the buildings are sold and constructed subject to such conditions, restrictions, servitudes, changes and other provisions set out or referred to in the Title Deed and / or approved SG diagram of the aforementioned property, and all such conditions, servitudes and /or restrictions and/or changes that may be imposed by the Seller, any professional consultant of the Seller or any local or regional authority including the Sitari Architectural Committee as a condition of rezoning, subdivision or building plan approval The Purchaser acknowledges that he has acquainted himself with the nature, condition, and locality of the property. The Purchaser will have no claim whatsoever against the Seller for any deficiency in the size or locality of the property which may be revealed on any re-survey nor shall the Seller benefit from any possible excess Notwithstanding anything previously provided, the Seller shall under no circumstances be responsible for damage and/or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Homeowners Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The Seller shall furthermore under no circumstances be liable for any consequential loss or damages In the event of there being any dispute between the parties as regards the matter of whether any item complained of by the Purchaser constitutes a defect covered by the guarantee and/or any dispute relating to the repair of the defect, such dispute will be determined by the architect whose determination shall be final and binding on the parties Such guarantees as may be received by the Seller in respect of any item incorporated in the dwelling house shall, to the extent that the Seller is entitled to do so, be passed on to the Purchaser with effect from the completion date. 12. VALUE-ADDED TAX 12.1 Unless the context of the clause concerned clearly indicates that the amount concerned is exclusive of VAT, all amounts provided for in this agreement shall be inclusive of VAT All or any VAT payable by the Purchaser in terms of this agreement arising from the supply of any goods and/or services (as defined in the Value-Added Tax Act No 89 of 1991 or any statutory re-enactment or modification thereof) by the Seller to the Purchaser in terms of this agreement shall become due for payment and shall be paid by the Purchaser forthwith upon presentation of the relevant invoice by the Seller to the Purchaser Any dispute which may arise between the Seller and the Purchaser as to the liability for and/or payment of VAT or the amount thereof in terms of clause 12.2 shall be referred to the auditors of the Seller for the time being for decision and their decision shall be final and binding as between the parties and carried into effect. 13. COMPLIANCE WITH STATUTES AND BY-LAWS The Seller shall ensure that the dwelling is constructed in conformity with the provisions of any legislation in force affecting the said dwelling and will give all necessary notices to, and obtain the requisite sanction of, the local authority, the Architectural Review Committee as provided for in the Constitution of the Sitari Country Estate Master Home Owners Association, in respect of the said dwelling house and generally ensure that the building and other regulations of such authority be complied with.

13 14. PUBLIC LIABILITY INSURANCE The Seller or alternatively, the appointed contractor to attend to the construction of the dwelling house, shall reasonably insure against public liability on or around the dwelling house from the commencement of building operations until completion of the dwelling house in terms of this agreement and until the risk in the dwelling house has passed to the Purchaser in terms of this agreement. 15. NATIONAL HOMEBUILDERS REGISTRATION COUNCIL 16. BOND 15.1 It is recorded that the Seller is registered with the National Homebuilders Registration Council (NHBRC Registration No: ) and that the dwelling shall be enrolled by his appointed contractor Brick n Board Group (Pty) Ltd, (NHBRC Registration No: ) The registration levy to be payable to the National Homebuilders Registration Council arising from the aforementioned registration shall be paid by the Seller The building shall be constructed as per the guidelines prescribed in the Housing Consumer Protection Measures Act, 1998 (as amended), and National Building Regulations where applicable. Should the Purchaser signify on the Information Schedule that he shall require a loan to part finance the acquisition of the property (and/or the dwelling to be erected in terms of the building agreement) against the security of the mortgage bond to be registered over the property then: 16.1 This agreement is subject to the Purchaser obtaining the approval of a loan in principle from a bank or other recognized financial institution for the amount (if any) stated in paragraph E3 of the Information Schedule within 21 (twenty one) days of the date of signature hereof or such extended period as the Seller in its sole discretion may determine; 16.2 Should the Seller elect to extend the period within which its loan is to be granted, the Seller and/or its agent shall be entitled to apply for the loan to any financial institution on behalf of the Purchaser and the Purchaser hereby grants to the Seller and/or its agent an irrevocable power of attorney in rem suam to make application on its behalf in this regard for the duration of the extended period; 16.3 The Purchaser agrees to make use of the services of Sitari Property Sales (Pty) Limited, Tel No: and Mortgage Max/GoBond (Sandi van Rensburg), Tel No: as the mortgage originator for the loan referred to in clause 16.1 above or any other estate agent or mortgage originator appointed by the Seller; 16.4 The Purchaser undertakes to sign all documents and do all things necessary to ensure the successful granting of the loan. Without derogating from the generality of the aforegoing, the Purchaser shall make a written application for the loan within 3 days after signature of this agreement and should such application be unsuccessful, the Purchaser shall, until the expiry of the initial period or the extended period (as the case may be) nevertheless continue to use its best endeavours and to do all things that may be necessary in order to obtain the loan elsewhere;

14 16.5 The Purchaser undertakes to procure that the financial institution from which the Purchaser obtains the loan instructs attorneys Bowman Gilfillan, to attend to the registration of such bond due to the fact that this transaction forms part of a development sale by the Seller which is being attended to by the Sellers attorneys; 16.6 All costs to be associated with the registration of the mortgage bond to secure the loan to be taken up by the Purchaser shall be for the account of the Purchaser Upon the issue to the Purchaser by the said financial institution of a written quotation and a written pre - agreement statement (as contemplated in section 92 of the National Credit Act, No 34 of 2005) in respect of the mortgage loan in the said amount whether or not such quotation or pre-agreement statement is accepted by the Purchaser, the mortgage loan shall be deemed to have been approved In the event of the building price being partly or entirely financed by a building loan secured by a mortgage bond obtained from a bank or other approved financial institution then: as security for due payment the Purchaser irrevocably cedes to the Seller the total proceeds of the building loan; the Seller is hereby irrevocably authorised and empowered to receive direct payment of the balance of the building price from the financial institution concerned and the Purchaser agrees to sign all draw forms that may be required for purposes of the Purchaser meeting his obligations in terms of this agreement when attending upon the attorneys attending to the mortgage bond for purposes of signing any bond documentation that may be required The Purchaser undertakes, if so required, to sign the necessary NHBRC forms to enable the Seller to receive payments on bond withdrawals within three days of being called on to do so by the Seller (if applicable). 17. BROKERAGE 17.1 The parties record that the agent named in the Information Schedule was the effective cause of this transaction The Seller shall pay the brokerage to the said agent in accordance with the terms of the mandate granted to the agent by the Seller The Purchaser warrants and undertakes to the Seller that neither the Seller nor the property was introduced to the Purchaser by any party other than the agent referred to in clause 17.1 above and indemnifies the Seller against any claim for commission arising from any breach of this warranty. 18. CANCELLATION 18.1 In the event of the Purchaser refusing or failing to comply punctually with any of his obligation in terms of this agreement and provided that 7 (seven) days has elapsed after receipt by the Purchaser of a written demand to comply with the said obligation(s), the Seller shall be entitled to:

15 cancel this agreement, and to retain all monies paid as "rouwkoop" and liquidated damages, without prejudice to his rights to claim damages from the Purchaser; or to claim specific performance from the Purchaser, i.e. that the Purchaser complies with all his obligations in terms of the agreement, including payment of all legal costs; 18.2 In the event of the Purchaser being provisionally or finally sequestrated or liquidated, the Seller shall enjoy the same rights as set out above. 19. ARBITRATION 19.1 Any dispute, question or difference arising at any time between the parties to this agreement out of or in regard to any matters arising out of; or the rights and duties of any of the parties hereto; or the interpretation of; or the termination of; or any matter arising out of the termination of; or the rectification of this agreement, shall be submitted to and decided by arbitration on notice given by either party to the other of them in terms of this clause There will be one arbitrator who will be, if the question in issue is: primarily a legal matter, a practicing advocate or attorney of not less than ten years' standing; primarily a technical matter, an architect or quantity surveyor, depending on the nature of the dispute The appointment of the arbitrator will be agreed upon between the parties to the dispute, but failing agreement between them within a period of fourteen days after the arbitration has been demanded, any of the parties to the dispute shall be entitled to request the Chairman for the time being of the Cape Bar Council to make the appointment and who, in making his appointment, will have regard to the nature of the dispute The arbitrator shall have the powers conferred upon an arbitrator in the Arbitration Act No. 42 of 1965, as amended or re-enacted in some other form from time to time but will not be obliged to follow the procedures described in that Act and will be entitled to decide on such procedures as he may consider desirable for the speedy determination of the dispute The arbitration shall be held in Cape Town in accordance with the provision of the Arbitration Act referred to above, save that the arbitration shall be informal and the parties shall not be entitled to legal representation but shall be represented solely by themselves or in the case of a company or a business, by a member or members of their full-time management or of their boards of directors, it being the agreed intention that, if possible, the arbitration shall be held and concluded as soon as is reasonably practical after it has been demanded The decision of the arbitrator, including any order as to the costs of the arbitration, shall be final and binding on the parties and may be made an order of any court of competent jurisdiction This clause is severable from the rest of the agreement and shall therefore remain in effect even if this agreement is terminated.

16 20. CAPACITY OF PURCHASER If the Purchaser signs this Agreement as a principal in terms of a contract for the benefit of a third party, the latter being a company or close corporation to be incorporated the Purchaser in his personal capacity shall be regarded as the Purchaser in terms of this Agreement unless the said company or close corporation is incorporated and duly adopts and ratifies this Agreement within 60 (sixty) days after the date upon which the Seller signs this Agreement. In the event of the said company or close corporation being duly incorporated and adopting and ratifying this Agreement in terms as set out above then the Purchaser, by his signature hereto, hereby interposes and binds himself in favour of the Seller as surety and co-principal debtor in solidum with such company or close corporation for the due and timeous performance by it of all of its obligations as Purchaser in terms of this Agreement. 21. GENERAL 21.1 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 or effect No variation of the terms and conditions of this Agreement or any consensual cancellation thereof shall be of any force or effect unless reduced to writing and agreed by the parties or their duly authorized representatives No indulgence, which the Seller may grant to the Purchaser, shall constitute a waiver of any of the rights of the Seller who shall not thereby be precluded from exercising any rights against the Purchaser which may have risen in the past or which might arise in the future The Purchaser warrants that all consents required in terms of the Matrimonial Property Act No. 88 of 1984 have been duly furnished It is hereby recorded that the headings to the clauses in this Agreement are inserted for information only and will have no relevance in the interpretation thereof. The singular shall be deemed to include the plural (and vice versa) and the one sex the other. 22. RE-SALE OF PROPERTY & DISPLAY OF BOARDS 22.1 The Purchaser shall not be entitled to on-sell the Property before registration of transfer, or display, or allow to be erected or displayed, any boards at the property without the prior written consent of the Seller The Purchaser shall allow the Seller or its sales agents to display a company profile or sold board at the boundary of the Property for a period not exceeding 60 days after registration of transfer of the Property The Property hereby sold is subject to the following title deed condition registered / to be registered against the Property upon transfer, namely: SUBJECT FURTHER to the following special condition imposed by SITARI COUNTRY ESTATE PROPRIETARY LIMITED, Registration Number 2007/033501/07 for the benefit of itself and binding on the transferee and his successors in title to the property hereby transferred, namely:

17 The transferee shall not be entitled to transfer the erf without the written consent of SITARI COUNTRY ESTATE PROPRIETARY LIMITED, Registration Number 2007/033501/07, (the Developer) for a period of 5 (Five) years from date of transfer of the property from the Developer in favour of the transferee, so as to protect the integrity of the SITARI COUNTRY ESTATE DEVELOPMENT, by limiting properties in the development from selling for prices less than the initial purchase price paid by the first transferee to the Developer, subject thereto that this condition shall not apply to the sale of the property in execution by a mortgagee bank and further that the Developer shall not charge the transferee for the provision of such consent where the transferee is an occupier of the erf and further that the Developer shall not unreasonably withhold such consent to transfer. 23. CERTIFICATE OF COMPLIANCE OF WATER INSTALLATION AND ELECTRICAL CERTIFICATE The Seller shall, before transfer and at his expense, submit a Certificate from an accredited plumber to the City of Cape Town Municipality, certifying that the water supply to the Property confirms with the requirements stipulated in Section 14 of the City of Cape Town: Water By-law, 2010, namely that:- (a ) the water installation conforms to the National Building Regulations and this By-law; (b ) there are no defects which can cause water to run to waste; (c ) the water meter registers; and (d ) there is no discharge of storm water into the sewer system. The Seller undertakes to submit the said Certificate to the City of Cape Town via fax or , and to furnish proof of such submission to the transferring attorneys. Insofar as the accredited plumber appointed by the Seller to provide such Certificate requires corrective work to be carried out as a precondition to the issue thereof, the Seller will procure such work is carried out at his cost and expense. The Seller further undertakes to furnish the Purchaser, prior to transfer, with a certificate of compliance issued by an accredited person, declaring that the electrical installation in the Property (up to and including the distribution board) complies with the provisions of Regulation 4(1) of the Electrical Installation Regulations of the Machinery and Occupational Safety Act. 24. CERTIFICATE OF COMPLIANCE OF GAS INSTALLATION The Seller shall, at its expense, deliver to the Purchaser, on or before the transfer or occupation date, whichever is the earlier, a Certificate of Conformity issued by an authorised person as defined in the Pressure Equipment Regulations 2009 made by the Minister of Labour under section 43 of the Occupational Health and Safety Act 85 of 1993, to the effect that the gas installation on the property conforms to the required health and safety standard. The Seller undertakes not to alter, install or remove the gas installation after issue of the said Certificate. In so far as the authorised person appointed by the Seller to provide such Certificate requires corrective work to be carried out as a precondition to the issue of such Certificate, the Seller will procure such work is carried out at the Seller s cost and expense. 25. JURISDICTION The parties hereby consent in terms of Section 45 of the Magistrate's Court Act No. 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28(1) of the said Magistrate's Court Act in any action or court procedure instituted by the Seller arising out of this Agreement. Notwithstanding the above, the Seller shall be entitled to institute any action or court procedure against the Purchaser arising out of this Agreement in any Court having jurisdiction.

18 HOUR CLAUSE The Seller can, before the suspensive conditions in this agreement (first transaction) are fulfilled, accept subsequent offer(s); which will not be subject to any suspensive conditions or whereof all suspensive conditions have already been fulfilled. The Purchaser in respect of the first transaction then has 72 hours in which to comply with the suspensive conditions in the first transaction. The 72 hours are not applicable during weekends and public holidays. The 72 hours commence when the Purchaser or his agent in respect of the first transaction: 1) Is notified in writing of any subsequent offer(s) between 08h00 and 17h00; and 2) Receive a copy of the subsequent offer(s); and 3) Receive proof that all suspensive conditions of the subsequent offer(s) have been fulfilled, including bond approval with conditions acceptable for the SELLER; and 4) Any shortfall on the Purchaser price of the subsequent offer(s), not covered by cash or bond (if applicable), is secured by a guarantee delivered to the Seller s conveyancer. 27. CO-OPERATION 27.1 Each of the parties hereby undertakes to: sign and/or execute all such documents (and without limiting the generality of the aforegoing, same shall include the execution of the necessary power of attorney and transfer duty declarations); do and to procure the doing by other persons, and to refrain and procure that other persons will refrain from doing, all such acts; and pass, and to procure the passing of all such resolutions of directors or shareholders of any company, or members of any close corporation, or trustees of any trust, as the case may be; to the extent that the same may lie within the power of such party and may be required to give effect to the import or intent of this agreement, and any contract concluded pursuant to the provisions of this agreement The Purchaser undertakes to sign all necessary transfer and bond documentation and to pay all costs relating thereto within 7 days of the date of despatch of written notice from the Seller s attorneys to do so. 28. NOTICES AND DOMICILIA 28.1 Each party chooses as his domicilium citandi et executandi his address as set out in the Information Schedule, at which address all notices and legal processes in relation to this Agreement or any action arising therefrom may be effectually delivered and served Any notice given by one of the parties to the other (the "addressee") which: is delivered by hand to the addressee's domicilium citandi et executandi shall be presumed, until the contrary is proved, to have been received by the addressee on the date of delivery; or is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium citandi et executandi shall be presumed, until the contrary is proved, to have been received by the addressee on the fifth day after the date of posting; or

19 is delivered by fax and / or shall be presumed, until the contrary is proved, to have been received by the addressee on the date of delivery Either party shall be entitled, on written notice to the other, to change the address of his domicilium citandi et executandi. 29. DIRECT MARKETING AND COOLING OFF PERIOD The Purchaser, in the event of having concluded this agreement as a result of Direct Marketing as defined in the provisions of the Consumer Protection Act No. 68 of 2008, confirms that he/she/it has been informed of his rights as provided for in Section 16 read with Section 20 (2) (a) of the aforementioned Act (the provisions of which are detailed in Annexure E), to rescind a transaction, without reason or penalty, within 5 (five) business days after the later of the date on which: the transaction or agreement was signed; or 29.2 the goods that were the subject of the transaction were delivered to the consumer. 30. SIGNATURES It is recorded that this document is intended to be signed firstly by the Purchaser and thereafter by the Seller. The Purchaser acknowledges that his signature hereto constitutes an irrevocable offer by him for the purchase of the property on the terms and conditions set out herein, which offer shall remain irrevocable until 17:00 20 for acceptance by the Seller at any time prior hereto.