Residential Agreement of Sale for Mauritzbaai Erf 299 Subdivision of Jacobsbaai Entered Into By And Between Corhandi Cc Registration No. 1994/040203/23 Herein Represented By Johannes Dawid Van Wyk (Hereinafter Referred To As The Seller ) And...... (Herein Referred To As The Purchaser ) (Aternatively As A Trustee Acting On Behalf Of A Legal Entity To Be Formed) In Respect Of Stand No. Jacobsbaai T: 021 975 0681 F: 086 549 9047 A: P.O. Box 4725 Tygervalley 7536-1 -
Schedule A.1 The Seller Full Name CORHANDI CC REGISTRATION NO. 1994/040203/23 Address 6 Mountain View Crescent, Durbell, Durbanville, 7550 Phone +27 21 975 0681 Fax +27 86 549 9047 and includes the Seller s successors-in-title A.2 The Purchaser Or His/Her Nominee (delete where not applicable) Full Name Identity No. / Registration No. SA Income Tax Ref. No. / VAT Registration No. Date of Birth Passport No. & Country E-Mail address Phone (H) Fax No. Physical Address Postal Address Reason for purchasing B. The Property Sold Primary Residence The Property Hereby Sold To Be Known As Stand No. Erf No. hereinafter referred to as the Property C. Purchase Price inclusive of VAT at 14% Stand Erf R D. Payment Of Purchase Price Total purchase price Less deposit Balance of purchase price on transfer Marital Status Phone (B) Mobile No. Investment R R Other: E. Estimated Minimum Monthly Levy Payable: To Be Determined By The Jacobsbaai Property Owners Association. F. Bond (Tick Appropriate Box) NO YES R - 2 -
Amount required: Date by which bond must be granted G. Selling Agent Name of Agency R 60 (Sixty) days from date of signature by the Seller Telephone No. e-mail Contact person H. Conveyancers Name of firm: Laubscher & Hattingh Inc Business address: Quattor Building, 81 Voortrekker Road, Bellville, 7530 Postal address: P.O Box 2332, Bellville, 7535 Telephone No: 021 944 2400 International telephone No: +27 21 944 2400 Facsimile No: 021 948 8011 International facsimiles No: +27 21 948 8011 Annexures A Site Layout Plan B Architectural guidelines C Constitution of Jacobsbaai Property Owners Association D Sewage Connection Plan STANDARD CONDITIONS 1. Property 1.1 The SELLER hereby sells to the PURCHASER who hereby purchases from the SELLER, proposed STAND NO JACOBSBAAI approximately square metres, in the proposed development, (See Annexure A) on the terms and conditions, hereinafter set out. - 3 -
2. Purchase Price R ( ) VAT Inclusive. 2.1 A deposit of R payable within 10 (ten) days of date of signature of this agreement. The deposit is to be paid to the Conveyancers, to be held in trust for the benefit of the PURCHASER, pending registration of transfer of the stand in the name of the PURCHASER. 2.2 Balance of the purchase price in cash on demand against registration of transfer. The PURCHASER shall furnish the Conveyancers with an irrevocable and unconditional bank guarantee for the balance of the purchase price within 30 (thirty) days after signature of this agreement. 2.3 All payments made by the PURCHASER in terms hereof, shall be paid to Laubscher & Hattingh Inc., Quattor Building, 81 Voortrekker Road, Bellville, Trust account: ABSA Bank, Boston Street, Bellville, Account number: 01023611976 cheque account. A copy of such deposit slip to be faxed to Laubscher & Hattingh Inc., (Ref. PJB/NS) at 021 948-8011. 3. Transfer And Bond Registration 3.1 Transfer to be effected by the SELLER S Attorneys Laubscher & Hattingh Inc. (tel. 021 944-2400) as soon as the stand is registerable. 4. Costs All transfer and bond costs to be paid by the PURCHASER, on demand to the Transferring Attorneys Laubscher & Hattingh Inc. Such costs is to be paid not later than 7 (seven) days after signature of the transfer and bond documents by the Purchaser. Said costs will be inclusive of the standard prescribed registration fees. - 4 -
5. Possession To be given to the PURCHASER on registration from which date the stand shall be at the sole risk and benefit of the PURCHASER who shall refund to the SELLER a proportionate share of the rates advanced upon the property beyond the date of possession. 6. Voetstoots 6.1 Save as herein specifically provided, the sale constituted by this agreement shall be voetstoots and the SELLER gives no additional warranties of any nature whatsoever, whether expressed or implied. The parties further acknowledge and record that this agreement, together with any Annexures hereto, constitutes the sole and exclusive memorial of the contract between them, and that neither party has been induced by any other representation, save and except as recorded in this agreement and any Annexures. 6.2 The stand is sold as a portion of the property as described in the Title Deed conferring or conveying title to the aforementioned land and subject to all the conditions and servitudes (if any) attaching thereto, or referred to in the said Title Deed. The SELLER shall not be liable for any deficiency in extent, nor be entitled to any possible surplus, which may be revealed on any resurvey. 7. Default 7.1 In the event of the PURCHASER failing to fulfil on due date any of the terms and conditions of this Deed of Sale, the SELLER or his agent shall after having given the PURCHASER 7 (Seven) days written notice to remedy such default have the right either: (a) to cancel the sale forthwith and without further notice, in which event the PURCHASER shall forfeit all monies paid to the SELLER or his agent in terms hereof, without prejudice to the SELLER'S other legal rights and remedies and the right to claim damages; or - 5 -
(b) to claim specific performance and damages if any. 7.2 Should the SELLER at any stage take action against the PURCHASER, pursuant to any of the terms and conditions hereof, the PURCHASER shall be responsible for the costs of such action on the scale as between Attorney and Client. 8. Domicilium Any notice which either party may wish or be required to give to the other shall be deemed to have been duly given if sent by prepaid registered post, addressed to the party receiving such notice, and at the addresses as set out below which the parties respectively choose to be their domicilium citandi et executandi. Notice shall be deemed to have been received 3 (Three) days after despatch thereof by registered post. PURCHASER : ADDRESS : TEL. NO : FAX. NO : EMAIL : SELLER : CORHANDI CC ADDRESS : 6 Mountain View Crescent, Durbell, Durbanville, 7550 TEL. NO : (021) 975 0681-6 -
FAX NO : (086) 549 9047 EMAIL : dawie@jacobsbaaigroup.co.za 9. Mortgage Bond This sale is conditional upon a mortgage bond being approved by a financial institution for an amount of R ( ) within 60 (Sixty) days of acceptance, or within such reasonable extended period as the SELLER or his agent, in their sole discretion may allow. 10. Special Condition 10.1 The parties annex hereto as ANNEXURE A a plan indicating the sub-division of the property, and indicating the location of the stand as approved by the local authority. 10.2 The Developer, together with the local Municipality have compiled Architectural guidelines relating to the type, size and style of any buildings to be erected on the stand by the PURCHASER. All building plans must be considered and approved in accordance with the guidelines by the Architectural committee formed by the Home Owners Association referred to in paragraph 10.7 hereof. The PURCHASER undertakes to comply with the terms, conditions and spirit of such guidelines with regard to any improvements to be erected on the stand, before submitting building plans to the relevant Municipality. A copy of the Architectural guidelines is annexed hereto as ANNEXURE B. 10.3 Building operations may not be proceeded with before the written consents of the Association and the Local Authority have been endorsed on such plan and no building and/or structure shall be erected other than strictly in accordance with such approved plan. Failing which any building will be demolished and the cost of the demolition be recovered from the PURCHASER. 10.4 The Purchaser or his successor in title shall be liable for payment of the fees and costs as determined by the Home Owners Association in respect of the above approvals. - 7 -
10.5 It is hereby confirmed that the Developer obtained sub-division approval in terms of Ordinance 15 of 1985, of the township of which the stand forms part of. 10.6 It is a further suspensive condition of this sale that the PURCHASER becomes a member and accepts the terms and conditions of the JACOBSBAAI PROPERTY OWNERS ASSOCIATION and its constitution. The constitution is subject to the approval of the Saldanha Bay Municipality. The Purchaser acknowledges that in terms of the conditions of subdivision and rezoning imposed, a Home Owners Association will be established and that he shall automatically upon transfer become a member thereof and remain a member as long as he is the registered owner of the property. The Purchaser shall be bound by the Constitution of the Home Owners Association and the rules promulgated in terms thereof. A copy of the Constitution is annexed hereto as ANNEXURE C. The Developer hereby reserves the right to amend the Constitution from time to time if necessary with the consent of the applicable municipality. The Association shall be responsible for the duties imposed by its constitution for which all members will contribute a levy to be determined by the Association from time to time. Until such time the Home Owners Association is functional, the Seller shall fulfil its duties. It is further agreed that a condition, substantially in accordance with the following wording, shall be included in the title deed of the property sold hereby: Subject further to the following condition imposed by the Transferor for the benefit of the JACOBSBAAI PROPERTY OWNERS ASSOCIATION: The Transferee, its successors in title and assigns shall not be entitled to transfer the herein mentioned property or any interest therein without a clearance certificate from the Home Owners Association to the effect that the provisions of its constitution, including provisions relating to the - 8 -
payment of levies, have been complied with. This condition shall not apply to the sale in execution of the property by the holder of any registered bond over the property. The Transferee, its successors in title and assigns shall automatically become a member of the Jacobsbaai Property Owners Association on registration of transfer and will be bound by the rules of the Association s Constitution from time to time for as long as he is owner of the property hereby transferred. 11. General In the event of the PURCHASER signing this agreement as trustee or agent of a Company or Close Corporation to be formed, the PURCHASER shall be deemed to be the eventual PURCHASER in his personal capacity in terms of this agreement, unless the said Company or Close Corporation is incorporated and ratifies this agreement within 30 (Thirty) days. Should the said Company or Close Corporation be incorporated and ratify this agreement the PURCHASER hereby binds himself in any event to the SELLER as surety and co-principle debtor in solidum with the Company or Close Corporation for the due and proper compliance by the said Company or Close Corporation of all its obligations in terms hereof. 12. Jurisdiction The parties hereby consent to the jurisdiction of the Magistrate Court in connection with any action or dispute arising out of this agreement or the cancellation thereof. Notwithstanding the aforementioned, the SELLER shall have the right to take any action which he may deem fit against the PURCHASER in any division of the High Court of South Africa having jurisdiction over such matters, in which event the PURCHASER shall be liable for the costs of such action on the relevant scale of the division of the High Court in which action is instituted. In all events the PURCHASER shall be liable for costs on an Attorney Client scale. 13. Capital Contributions The SELLER shall be obliged to pay such capital contribution as the Local Authority requires in respect of the above PROPERTY for water, electricity and sewage. - 9 -
14. Information The sewerage connection for the property is indicated on the diagram attached hereto as ANNEXURE D. 15. Whole Agreement This Agreement constitutes the entire agreement between the parties. The PURCHASER concedes that no representations or warranties other than those contained herein may be relied upon or in any way induced the PURCHASER to enter into this agreement. This agreement furthermore can only be varied or cancelled in writing duly signed by both parties. THUS DONE AND SIGNED AT ON THIS DAY OF 2010. AS WITNESSES: 1. PURCHASER 2. PURCHASER THUS DONE AND SIGNED AT ON THIS DAY OF 2010. AS WITNESSES: 1. SELLER 2. - 10 -
Confirmation of Commission JACOBSBAAI DEVELOPERS (PTY) LTD, as owners of stand Jacobsbaai, hereby confirm the sale of the above mentioned stand to; for the amount of R ( ) and that Dawid van Wyk Eiendomme BK is entitled to commission in the amount of R ( ) This commission is payable by the registering attorneys to the above mentioned agency on date of registration of the property. Signed at on the day of 2008. SELLER AGENT - 11 -