THE OFFER TO PURCHASE

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Transcription:

THE OFFER TO PURCHASE

PURCHASE PRICE R IN WORDS: All payments shall be paid in Cape Town, free of all bank charges. INITIAL PAYMENT The Purchaser shall pay an initial payment of 10 % of the purchase price, namely the amount of within 5 (five) days of the Seller s acceptance of this offer, to be held in trust by the Seller s Conveyancers until registration of transfer. Interest shall accrue to the Purchaser. Should a binding sale not come into being as a result of any of the suspensive conditions not being fulfilled, this initial payment shall be refunded to the Purchaser.

8. TRANSFER Transfer shall be effected by the Seller s Conveyancers as close as possible to the day of 20. The Seller agrees to maintain the property in its current condition until the Purchaser takes possession, and to keep the property insured until registration of transfer, whereupon all risk of ownership shall pass to the Purchaser. 9. OCCUPATIONAL INTEREST 9.1 Should the date of registration of transfer not coincide with the date of possession, the party enjoying possession shall pay to the registered owner occupational interest calculated at R per month or pro rata thereof, payable monthly, in advance at the offices of the Conveyancers. 9.2 Should transfer not be registered within 30 days of the date in Clause 8, as a result of an act or non-performance by the Purchaser, occupational interest shall thereafter be increased to R per month.

7. POSSESSION Possession shall be given by the Seller and taken by the Purchaser on * together with vacant occupation / * subject to existing tenancies. (* Delete what is not applicable.) From the date of possession, the Purchaser shall receive all benefits from and be responsible pro rata for all rates, taxes, levies and other charges levied against the property. In the event that possession is taken by the Purchaser prior to the registration of transfer, no changes may be carried out at the property without the written consent of the Seller, who would still be carrying the risk of ownership.

THE TRANSFER PROCESS

A. THE TRANSFER PROCESS ON AVERAGE A TRANSFER TAKES APPROXIMATELY 6 8 WEEKS FROM DATE OF FULFILMENT OF THE SUSPENSIVE CONDITIONS TO BE REGISTERED IN THE DEEDS OFFICE

WHAT HAPPENS IN THESE 6-8 WEEKS? 1. RECEIVE DEED OF SALE Acknowledge receipt thereof 2. SUSPENSIVE CONDITIONS TO BE FULFILLED BOND APPROVAL: FINAL; SALE OF PURCHASERS PROPERTY; SIMULTANEOUS TRANSFERS 3. DEPOSIT PAYABLE - Invested for the benefit of the Purchaser

4. DRAFT TRANSFER DOCUMENTS Title Deed; FICA; Deeds Search: Interdicts 5. BOND CANCELLATION INSTRUCTIONS - Suspension of Access Bond facility Penalty Interest - Receipt of Title Deed and Bond 6. CLIENT SIGNS TRANSFER DOCUMENTS FICA DOCUMENTS: AN ABSOLUTE REQUIREMENT FOR BOTH TRANSFER AND BOND REGISTRATION; PAYMENT OF TRANSFER DUTY AND OTHER COSTS; Eg. Simultaneous transfers. PAYMENT OF RATES; (Local Government Municipal Systems Act 32/2000) - What does this rates payment consists of?

7. APPLY FOR TRANSFER DUTY: SARS Client's to be registered for Income Tax Individuals (non-residents? Section 35A); Trusts; Companies and Close Corporations Agents Income Tax and VAT Number; Apply electronically; Estimate 2-5 days from date of payment 8. APPLY FOR RATES CLEARANCE: Apply electronically 10-15 working days to receive clearance after making payment

9. LODGE IN THE DEEDS OFFICE 10.BEETLE, ELECTRICAL, GAS and PLUMBING CERTIFICATES - in place before registration

11. FINANCES: - BALANCE OF THE PURCHASE PRICE; - COLLECTION OF OUTSTANDING COSTS; - CANNOT REGISTER WITHOUT ALL FINANCES BEING IN PLACE. 12. REGISTRATION

B. DEEDS OFFICE PROCEDURE 1. DEEDS OFFICE: 11-13 TH FLOOR, 90 PLEIN STREET, CAPE TOWN 2. WHY REGISTER DEEDS IN DEEDS OFFICE? - Property is a Real Right (ie universally enforceable); - All Real Rights to be registered by way of a title deed; - All title deeds are registered in the Deeds Office

3. LODGEMENT: - WHAT HAPPENS WHEN WE LODGE? ALL LINKED DEEDS TO BE LODGED SIMULTANEOUSLY IF NOT? TO BE LODGED IN LODGEMENT ROOM: 12TH FLOOR: BY 10:15AM BAR-CODED: TO TRACK DEEDS IF NOT? 4. EXAMINATION PROCESS: AVERAGE OF 10-12 CALENDAR DAYS 3 EXAMINERS TO CHECK DEEDS: 1ST, 2ND AND 3RD LEVEL; WHAT DO THEY EXAMINE?

ONCE CHECKED AND PASSED, TO THE PREP ROOM: 'UP (ready for registration) ONCE 'UP' DEEDS MUST BE 'HANDED IN' Notes to be removed Bond attorney to get clearance Final BC Figures Figures from Bridging Companies, if finances bridged ONCE HANDED-IN DEEDS OFFICE DOES FINAL CHECK FOR ANY INTERDICTS

BE 100% SURE THAT YOU MAY 'HAND IN' Can arrange extra day, but must motivate strongly. REGISTER THE FOLLOWING DAY 5 DAYS TO 'HAND IN', INCLUSIVE OF 1ST DAY WHEN IT COMES UP EXCEPTION: BLACKBOOKING REJECTIONS

5. DELIVERY OF TITLE DEEDS - SCANNING PROCESS; - 2 3 MONTHS BEFORE DELIVERY; - ON DELIVERY ORIGINAL TITLE DEED HANDED TO CLIENT; IF PROPERTY MORTGAGED ORIGINAL HANDED TO BANK AND A COPY TO THE CLIENT; - EXCEPTION: REQUEST EARLIER DELIVERY ABOUT 1.5 MONTHS INSTEAD OF 1-2

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