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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."
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
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
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
Real Estate
Property Development
Construction
Legal Services
Financial Services
Property Management
Urban Development
Banking
Property Investment
Residential Property
Commercial Property
Legal
Real Estate
Compliance
Property Management
Sales
Operations
Risk Management
Finance
Investment
Business Development
Document Management
Due Diligence
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Developer
Real Estate Investment Manager
Property Portfolio Manager
Legal Counsel
Compliance Officer
Real Estate Broker
Property Acquisition Manager
Real Estate Transaction Coordinator
Property Sales Manager
Risk Manager
Real Estate Financial Advisor
Property Operations Manager
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