The Property Bill of Sale is a fundamental document in South African property transactions, used when transferring ownership of real property between parties. This document must comply with the Alienation of Land Act 68 of 1981 and other relevant property legislation. It is used in both residential and commercial property transactions and serves as the primary evidence of the sale agreement. The document typically includes comprehensive details about the property, purchase terms, and conditions of sale. A Property Bill of Sale is essential for property registration at the Deeds Office and forms the foundation for the transfer process. It must be in writing and signed by all parties to be legally valid under South African law. The document is particularly important as it protects both buyer and seller interests by clearly documenting all aspects of the property transaction.
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1. Parties: Full legal names, registration/identity numbers, and addresses of the seller and purchaser
2. Background: Brief context of the sale and confirmation of the seller's right to sell the property
3. Definitions: Definitions of key terms used throughout the document
4. Property Description: Detailed description of the property including erf number, physical address, size, and registration division
5. Purchase Price: The agreed purchase price and payment terms including deposit requirements
6. Transfer and Registration: Terms regarding transfer of ownership and registration in the Deeds Office
7. Possession and Risk: Date of possession and transfer of risk to the purchaser
8. Warranties: Seller's warranties regarding the property's condition and title
9. Costs and Taxes: Allocation of transfer costs, taxes, and other expenses
10. Breach: Consequences of breach by either party and remedies available
11. Notices: How formal notices between parties should be given
12. General Terms: Standard contractual provisions including entire agreement clause, variation requirements, and governing law
13. Signatures: Execution clause and signature blocks for all parties
1. Occupancy: Required if the property is currently occupied by tenants or other occupants, detailing arrangements for vacant possession
2. Movable Property: Used when the sale includes specific movable items within the property
3. Mortgage Bond: Required if the purchase is subject to the buyer obtaining mortgage financing
4. Special Conditions: For any unique requirements or conditions specific to the transaction
5. Estate Agent: Required if an estate agent is involved, detailing commission arrangements
6. Compliance Certificates: When specific compliance certificates are required for the transfer
7. Property Defects: When there are known defects that need to be explicitly disclosed
1. Schedule A - Property Details: Detailed property specifications including boundary descriptions and title deed information
2. Schedule B - Included Fixtures and Fittings: Comprehensive list of fixtures and fittings included in the sale
3. Schedule C - Excluded Items: List of items specifically excluded from the sale
4. Schedule D - Property Condition Report: Detailed report on the current condition of the property
5. Appendix 1 - Property Plans: Official property plans and diagrams
6. Appendix 2 - Compliance Certificates: Copies of all relevant compliance certificates
7. Appendix 3 - Title Deed: Copy of the current title deed
8. Appendix 4 - Property Photographs: Recent photographs documenting the property's condition
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