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Cash Contract (Real Estate) Template for South Africa

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Key Requirements PROMPT example:

Cash Contract (Real Estate)

"I need a Cash Contract (Real Estate) for purchasing a residential property in Cape Town for ZAR 2.5 million, with transfer expected by March 2025, including specific provisions for solar installation and water tank fixtures that are included in the sale."

What is a Cash Contract (Real Estate)?

The Cash Contract (Real Estate) is a critical legal instrument in South African property transactions where the purchaser does not require mortgage financing. This document is essential when conducting property sales on a cash basis, ensuring compliance with South African legislation including the Alienation of Land Act, Consumer Protection Act, and Financial Intelligence Centre Act. It details the complete transaction process, from property description and purchase price to transfer requirements and statutory compliance. The agreement is particularly relevant in scenarios requiring quick property transfers, foreign investments, or when buyers have liquid assets for direct purchase. It incorporates specific South African legal requirements such as FICA compliance, transfer duty regulations, and mandatory property certificates, while providing a secure framework for both parties in the transaction.

What sections should be included in a Cash Contract (Real Estate)?

1. Parties: Identification of the Seller and Purchaser with full legal names, identity numbers, and contact details

2. Background: Brief context of the sale and confirmation that the Seller owns the property and wishes to sell to the Purchaser

3. Definitions: Key terms used throughout the agreement including 'Property', 'Purchase Price', 'Transfer Date', 'Signature Date'

4. Sale: Core clause confirming the sale of the property from Seller to Purchaser

5. Property Description: Detailed legal description of the property including erf number, physical address, size, and registration division

6. Purchase Price: Specified amount, payment terms, and confirmation that this is a cash transaction

7. Payment Terms: Details of how and when the purchase price will be paid, including deposit requirements and trust account details

8. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements

9. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property upon handover

10. Warranties: Standard warranties by both parties, including Seller's warranties about the property condition

11. Risk and Benefit: Transfer of risk and benefit in the property from Seller to Purchaser

12. Estate Agent Commission: Details of estate agent's commission if applicable

13. Costs: Allocation of transfer costs, legal fees, and other associated expenses

14. Breach: Consequences and remedies in case of breach by either party

15. Notices and Domicilia: Legal addresses for service of notices and communication requirements

16. General Terms: Standard contract clauses including whole agreement, variation, and governing law

17. Signing: Execution clause and signature blocks for all parties

What sections are optional to include in a Cash Contract (Real Estate)?

1. Suspensive Conditions: Optional conditions that must be met before the agreement becomes fully binding, such as property inspection results

2. Movable Items: List of movable items included or excluded from the sale, used when specific items need to be addressed

3. Electrical Compliance: Specific provisions regarding electrical certificate requirements, used when this needs special attention

4. Special Conditions: Any unique terms specific to this transaction, used when standard terms need modification

5. FICA Requirements: Detailed FICA compliance requirements, used when additional anti-money laundering provisions are needed

6. Bond Cancellation: Provisions regarding cancellation of existing bonds, used when the property has existing mortgage bonds

7. Tenant Provisions: Terms relating to existing tenants, used when the property is currently leased

What schedules should be included in a Cash Contract (Real Estate)?

1. Schedule A - Property Description: Detailed technical description of the property including diagrams and zoning information

2. Schedule B - List of Included Movables: Comprehensive list of movable items included in the sale

3. Schedule C - Property Condition Report: Detailed report on the current condition of the property and any defects

4. Schedule D - Compliance Certificates: List of required compliance certificates and their status

5. Appendix 1 - Property Plans: Approved building plans and property layout diagrams

6. Appendix 2 - FICA Documents: Copies of required FICA documentation for both parties

7. Appendix 3 - Proof of Payment: Records of deposit and payment confirmations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses































Relevant Industries

Real Estate

Property Development

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Property Lawyer

Conveyancing Attorney

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