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Welcome to a South African offer to purchase form / purchase agreement, which covers all of the important issues in clear, concise language that all parties can understand.
Great for sellers selling privately, or buyers needing a form to make an offer on a private sale.
The offer to purchase form includes:
- name of parties involved for the property purchase
- address and description of the property
- purchase price and deposits
- conditions that must be met before the offer can take effect, such as:
- obtaining a mortgage / bond / home loan
- inspecting the property
- freeing the property of encumbrances
Other conditions of the offer, such as:
- broker fees
- any fixture to be included
- date of closing for the offer to purchase / deed of sale
- deadline for accepting offers
- fica requirements with all seller and purchaser details
Important News
Sample of the offer to purchase form below ...
OFFER-TO-PURCHASE IMMOVEABLE PROPERTY/DEED OF SALE
(South Africa)
Summary
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The Seller |
Name: |
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Address: |
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Email: |
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Telephone: |
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If Seller is married in community of property |
Spouse’s name and ID. no.: |
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The Purchaser |
Name: |
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Address: |
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Email: |
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Telephone: |
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If Purchaser is married in community of property |
Spouse’s name and ID. no.: |
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The Property |
Erf. No./Street address: |
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Garage/parking bay: |
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Storeroom/other area: |
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Price |
Full purchase price: |
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Deposit: |
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Date of transfer |
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Date of occupation/possession |
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Rent (if occupation happens before transfer) |
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Conditions |
If sale of own (Purchaser’s) property, by when: If obtaining a bond, for what amount:
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Offer period |
From: To: |
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Special levies |
Amount: |
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The lawyers for the transfer (the “Conveyancers”) |
Name: |
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Telephone/email: |
1 Sale
The Seller sells to the Purchaser and the Purchaser buys from the Seller the Property on the terms described in this agreement.
2 Purchase Price
2.1 The purchase price is the amount on the first page of this agreement and it is payable as follows:
2.1.1 the deposit, if any, is paid to the Conveyancers within 7 days of the signature of this agreement by both parties (the “Signature Date”), and it will be held in trust until registration of transfer. The Conveyancers will deposit, and are instructed to do so by the Purchaser, the deposit in an interest-bearing account, the interest to be for the benefit of the Purchaser;
2.1.2 the Purchaser pays the balance of the purchase price to the Conveyancers, against registration of transfer.
2.2 As security for the payment of the balance of the purchase price, the Purchaser must within 10 business days after the Signature Date or after fulfilment of any conditions, or otherwise at the written request of the Conveyancers, provide a guarantee for payment of the balance of the purchase price. This guarantee may take the form of a bank guarantee from the Purchaser’s bank or the Purchaser may make a cash payment to the Conveyancers, or it may take any form acceptable to the Conveyances; this must happen within 10 business days of the Conveyancers request.
2.3 The Purchaser may not withhold any payments due in terms of this agreement and all payments must be made on demand, free of set-off, deduction or exchange.
3 Voetstoots (“as is”)
3.1 The Property is sold voetstoots or “as it stands” and without any warranties, express or implied, subject to the warranties below in clause 4. This means that the Seller is not liable for any defects, latent (unless the Seller did know or ought to have known of these) or patent (which should be obvious to the Purchaser), in the Property. The Property is also sold subject to the conditions of title and endorsements appearing on the current title deed.
3.2 The Purchaser has examined the Property and is satisfied with the condition of the Property.
3.3 If upon a resurvey, the size of the Property differs from that set out in the title deed or in the diagram in respect of the Property, the Seller will not be liable for any shortfall (the Property being smaller), nor shall it claim compensation for any surplus (the Property being bigger).
3.4 The Seller is not required to indicate to the Purchaser the position of the beacons or pegs upon the Property and/or boundaries thereto, nor shall the Seller be liable for the costs of locating the beacons or pegs that show the boundary/ies of the Property.
3.5 The Property is sold as described in the existing title deed, subject to all conditions, restrictions and servitudes (if any) in such deed, as well as the conditions filed with the Sectional Title Register in terms of Section 11(3)(b) of the Sectional Titles Act and the rules of the Body Corporate.
4 Warranties
4.1 The Seller warrants that:
4.1.1 there is no impending expropriation of the Property and the Seller is not aware of any facts or circumstances that may cause this to happen;
4.1.2 it is the registered owner of the Property and it is able to pass transfer of the Property to the Purchaser;
4.1.3 except as provided for in the title deed of the Property, the Property is not subject to any servitudes and there are no unregistered servitudes, restrictions, or encumbrances in respect of the Property;
4.1.4 the Property complies in every respect with all government, provincial and local authority requirements affecting it or relating to it, and with the requirements of the title deed of the Property;
4.1.5 there are no, or will not be on the date of transfer, any outstanding debts in respect of the Property and/or the fixtures and fittings. This includes without limiting the generality hereof, unpaid or outstanding rates, taxes, levies, electricity, water or related charges. The Seller indemnifies the Purchaser against any loss or claims in this regard;
4.1.6 the buildings and erections on the Property have been built in accordance with duly approved building plans;
4.1.7 the Seller has disclosed to the Purchaser all information relating to the Property which is, or reasonably likely to be, material to a buyer of the Property; and
4.1.8 no other party has a valid option or a right of pre-emption in respect of the Property.
4.2 Both parties warrant that their respective tax obligations have been paid and are fully up to date.
The FULL version of this form can be downloaded above ...