DEED OF SALE FOR A COMPLETED SECTIONAL TITLE UNIT I/We, the undersigned, Physical address: (hereinafter called the Purchaser ) hereby offer to purchase from: BRICKVEST CONSTRUCTION CC Registration number: 2005/087157/23 Herein represented by Mauritz Herman Otto Pieterse, Duly authorized thereto Physical address: p/a 22 SCHELDE STR, JEFFREYS BAY, 6330 (hereinafter called the Seller ) 1 Parafeer tesame met 2 getuies
the following property, namely: 1. A Unit consisting of (a) Section No. as shown and more fully described on Sectional Plan No. SS in the scheme known as CAMPUS LIVING THREE in respect of the land and building or buildings situate at PORTION 5 OF ERF 892 POTCHEFSTROOM TOWNSHIP, LOCAL AUTHORITY: TLOKWE CITY COUNCIL of which section the floor area, according to the said sectional plan is ( ) square metres in extent; and (b) An undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan. 2. 1 (ONE) Parking will be allocated to each sectional unit in terms of the Rules of the Body Corporate and in accordance with the sole discretion of the Seller and/or Body Corporate. (hereinafter called "the Property") on the following terms and conditions: 1. PURCHASE PRICE The purchase price is the sum of R ( RAND), payable by the Purchaser to the Seller on date of registration of the property in the name of the Purchaser as follows: 1.1.1 A Reservation Deposit of R15,000.00 (FIFTEEN THOUSAND RAND), in cash within 7 (SEVEN) calendar days after date of signature by 2 Parafeer tesame met 2 getuies
the Purchaser; 1.1.2 the balance purchase price of R ( RAND), in cash on day of registration of the property in the name of the Purchaser; 1.1.3 Acceptable bank guarantees for the purchase price will be delivered within 14 (FOURTEEN) calendar days after date of signature by the Purchaser, which guarantees will be deliverable after fulfilment of clause 15.1 hereof. 1.1.4 Any payments in terms of this agreement will be made to the following account: PIETERSE ING TRUST NEDBANK ACC: 1079597279 ACB: 126317 1.1.5 The Purchaser hereby gives consent to the transferring attorneys in terms of section 78(2A) of the Attorneys Act 53 of 1979 to invest said payments received on trust in an interest bearing account at an acknowledged financial institution in accordance with the preference of the Seller, with the understanding that the interest earned on the investment is for the credit of the Purchaser. 2. COSTS The PURCHASER shall pay all transfer costs in respect of the registration of transfer of the property into the name of the Purchaser, including Transfer Duty payable to SARS. The PURCHASER is also liable for the payment of the costs related to the registration of a bond, if any, including all expenses and hereby irrevocably appoint JAN VISSER ATTORNEYS at JEFFREYS BAY to attend to the registration of the bond 3 Parafeer tesame met 2 getuies
which may be needed for the funding of this transaction. 3. TRANSFER Transfer of the property shall be passed by PIETERSE INC at JEFFREYS BAY and registration of the Purchaser s bond (if any) shall be attended to by JAN VISSER ATTORNEYS at JEFFREYS BAY and shall be given and taken upon the Purchaser having complied with the obligations in terms hereof. 4. POSSESSION Possession and vacant occupation of the property shall be given to the Purchaser on date of REGISTRATION from which date it shall be at the sole risk, loss or profit of the Purchaser. 5. RATES AND TAXES The Purchaser shall be liable for the payment of all Rates, Taxes, Insurance Premiums and Body Corporate Levies (said levies being an estimated amount of R750.00 per month) in respect of the property beyond date of possession as set out in clause 4 hereof and shall refund the Seller any such monies which may have been paid in advance beyond such date. 6. OCCUPATIONAL RENTAL If the date of occupation and possession does not coincide with the date of transfer, the party enjoying occupation and possession of the property while it is registered in the name of the other party, shall in consideration thereof and for the period of such occupation, pay to the other party occupational rental of R8,800.00 (EIGHT THOUSAND EIGHT HUNDRED RAND per month or a pro-rata share thereof for any 4 Parafeer tesame met 2 getuies
portion of a month and will escalate annually by 10% (Ten Percent). 7. BREACH 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 shall have the right either; 7.1.1 To cancel the sale by email or registered letter addressed to the Purchaser, in which event the Purchaser shall, at the option of the Seller, and without prejudice to any other rights which the Seller may have, either forfeit all monies paid to the Seller or his agent in terms hereof or alternatively be liable to the Seller in damages. In the latter event the Seller shall be entitled to withhold any monies repayable to the Purchaser until his damages have been determined and then to apply set-off against such damages; or 7.1.2 To claim immediate payment of the whole of the purchase price and the fulfilment of all the terms and conditions hereof. 8. AGENTS COMMISSION: The Seller is responsible for payment of the professional fee of 5% (five precent) (if the agency if VAT registered) or 5.7% (five point seven percent) (VAT included if the agence is registered for VAT) on the purchase price as agreed between the Agent and the transferring attorneys are hereby irrevocably authorized to subtract the professional fee from the purchase price and to pay it to on registration of the transfer in the name of the Purchaser. The said commission is only payable in the event that the Agent is the effective cause of the sale. 5 Parafeer tesame met 2 getuies
9. VARIATION: This Deed of Sale constitutes the entire agreement between the parties and no modification, variation or alteration thereto shall be valid unless in writing and signed by both parties hereto. 10. WAIVER: Notwithstanding any expressed or implied provision of this Deed of Sale to the contrary, any latitude or extension of time which may be allowed by the Seller in respect of any matter or thing that the Purchaser is bound to perform or observe in terms hereof, shall not under any circumstances be deemed to be a waiver of the Seller's rights at any time, and without notice, to require strict and punctual compliance with each and every provision or term hereof. 11. DOMICILIA CITANDI ET EXECUTANDI: It is agreed by the parties that they each select their respective addresses herein before set out as their respective address to which all notices or of their documents in relation to these presents may be sent and at which all processes may be served. 12. INTERPRETATION: In this agreement, 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. 13. JURISDICTION: The parties hereto agree to the jurisdiction of the Magistrates Court in respect of any dispute which may arise from this agreement. 6 Parafeer tesame met 2 getuies
14. ELECTRICAL CERTIFICATE The SELLER shall obtain at his own cost the required Certificate of Compliance and will deliver said certificate to the Conveyancer before date of lodgement at the deeds office. 15. SPECIAL CONDITIONS: 15.1 This agreement is subject thereto that the PURCHASER obtains an approved loan, within 30 (THIRTY) calendar days after the signature of this agreement by the Seller for an amount of R ( RAND) against security of a first mortgage bond over the property. 16 BOND CONSULTANT: In the event that the Purchaser needs a bond to finance the unit and will not be attending to the application himself, will all applications to the Banks be attended to by CHRISTEEN VAN JAARSVELD (christeen@capcubed.com) (hereinafter the mortgage originator) or any other authorised mortgage originator appointed by the Seller and will the Purchaser make the necessary information and documents available to the mortgage originator within 7 (SEVEN) calendar days after such request. 17 RENTAL AGREEMENT AND AGENT: The parties agree that the transaction is subject to the existing rental agreement (if any). The rights, obligations, risk and benefit of the Seller in terms of the rental agreement will pass to the Purchaser on date of registration of the property in the name of the Purchaser. Die Rental Agent appointed by the Seller is Pukkie Verblyf, 7 Parafeer tesame met 2 getuies
Potchefstroom. Pukkie-verblyf is a rental agency on campus, there to make the whole process an easy one. The Purchaser is entitled if he so chooses to manage his own rental or to make use of another rental agent. 18 GUARANTEES The property is sold as described in the existing title deed or deeds thereof, and subject to all conditions and servitudes (if any) attaching thereto or mentioned or referred to in the said title deeds or prior deed. The Seller shall not be liable for any deficiency in extent which may be revealed on any re survey, nor shall the Seller benefit by any surplus in extent. 19 APPLIANCES AND FURNITURE The Purchaser shall become the exclusive owner of any of the items that is made available for use by the Seller to the tenant/s of the unit. The Seller provides no guarantee of the quantity, condition and use thereof and the Purchaser accepts the quantity and condition thereof as on date of registration. The items include 2 fridges, 1 microwave, 1 kettle, 1 or 2 beds*, 1 or 2 desks*, 1 or 2 chairs* (*dependent on the number of tenants on registration). Signed by the PURCHASER at day of 2015 AS WITNESSES: on this 1. PURCHASER 2. PURCHASER 8 Parafeer tesame met 2 getuies
ACCEPTED by the SELLER at day of 2015 AS WITNESSES: on this 1. SELLER 2 9 Parafeer tesame met 2 getuies