The Sale Deed of Immovable Property is a crucial legal document used in South African property transactions to formalize and record the transfer of ownership of real estate. This document is required whenever immovable property is bought or sold in South Africa, whether for residential, commercial, or industrial purposes. It must comply with specific requirements under the Alienation of Land Act and other relevant property legislation. The deed contains essential information including property details, purchase price, payment terms, transfer conditions, and various warranties. It serves as the foundational document for property registration at the Deeds Office and forms the basis for the transfer process. The document is particularly important as it provides legal protection for both parties and ensures compliance with South African property law requirements, including those related to property registration, transfer duty, and municipal clearances.
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1. Parties: Full legal names, identification/registration numbers, and addresses of the Seller and Purchaser
2. Background: Brief context of the sale and confirmation that the Seller is the registered owner of the property
3. Definitions: Definitions of key terms used throughout the deed, including 'Property', 'Transfer Date', 'Purchase Price', etc.
4. Property Description: Detailed legal description of the property including erf number, township, registration division, size, and physical address
5. Sale: The core agreement where the Seller sells and the Purchaser purchases the property
6. Purchase Price: The agreed purchase price, payment terms, deposit requirements, and guarantee provisions
7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property upon transfer
9. Rates, Taxes and Costs: Allocation of responsibility for rates, taxes, transfer costs, and other fees
10. Risk and Insurance: Transfer of risk and responsibility for insurance of the property
11. Seller's Warranties: Standard warranties regarding property ownership, encumbrances, and conditions
12. Breach: Consequences and remedies in case of breach by either party
13. Notices and Domicilia: Communication methods and chosen addresses for legal notices
14. General Terms: Standard legal provisions including whole agreement, variation, and governing law
1. Existing Tenancies: Required when the property is currently leased, describing tenant rights and obligations
2. Fixtures and Fittings: Detailed when specific inclusions or exclusions need to be specified
3. Compliance Certificates: When specific certificates (electrical, gas, electric fence, etc.) need to be obtained
4. Building Plans and Permits: Required when there are outstanding approvals or non-compliant structures
5. Special Conditions: For any unique requirements such as renovations before transfer or subject-to-sale clauses
6. Agent Commission: When a real estate agent is involved in the transaction
7. FICA Requirements: Detailed section on Financial Intelligence Centre Act compliance requirements
8. Bond Cancellation: When existing bonds need to be cancelled as part of the transaction
1. Property Description Schedule: Detailed technical description of the property including diagrams and surveys
2. Fixture and Fittings List: Comprehensive list of items included in or excluded from the sale
3. Defects Schedule: List of known defects disclosed by the Seller
4. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
5. Compliance Certificates Schedule: List of required certificates and their status
6. Outstanding Charges Schedule: Details of any rates, taxes, or charges to be settled before transfer
7. Property Plans Appendix: Approved building plans and property diagrams
8. Photographic Schedule: Photos documenting the condition of the property at time of sale
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