deed of sale - harcourts real .subsequent deeds of transfer and to all other rights of, ... shall

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  • INITIAL HERE

    AGENT Purchaser's

    Witness

    Purchaser Seller's

    Witness

    SELLER Contractor's

    Witness

    CONTRACTOR

    DEED OF SALE

    MEMORANDUM OF AN AGREEMENT OF SALE MADE AND ENTERED INTO

    BY AND BETWEEN

    RESIDENTIAL ESTATE DENNEGEUR (PROPRIETARY) LIMITED

    Registration Number 1998/011687/07

    (Represented herein by Marc Jan Clement Peeters he being duly authorised hereto)

    Of

    C/o Morkel & De Villiers Incorporated

    The Forum

    13 Drama Street

    Somerset West

    7130

    (hereinafter referred to as the Seller)

    and

    ___________________________________________________________

    ___________________________________________________________

    of

    ___________________________________________________________

    ___________________________________________________________

    (hereinafter referred to as the Purchaser)

    and

    KINGSHILL CONSTRUCTION CC

    Registration number (2010/061395/23)

    (represented herein by JOHN TURNER he being duly authorised hereto)

    of 401 Houghton Place, Norfolk Road, Sea Point, 8005

    (hereinafter referred to as the Contractor)

    and

    David Miller & Associates T/A HARTCOURTS PLATINUM

    of Triangle Point, 13 Urtel Crescent, Somerset West, 7130

    (hereinafter referred to as the Agent)

  • 2

    INITIAL HERE

    AGENT Purchaser's

    Witness

    Purchaser Seller's

    Witness

    SELLER Contractor's

    Witness

    CONTRACTOR

    RECORDAL

    1. The Seller is the registered owner of the property and intends to sell the property

    to the Purchaser.

    2. The Contractor is a Building Contractor who intends to improve the property by

    contracting the dwelling thereon.

    3. The Purchase intends to purchase and take transfer of the property together with

    the completed dwelling thereon from the Seller and the Contractor respectively.

    4. The parties have reached agreement on the abovementioned and wish to record

    such a agreement in writing.

    1. SALE

    The Seller hereby sells to the Purchaser who hereby purchases the property together with

    the dwelling to be constructed thereon by the Contractor for the total purchase price as set

    out hereunder.

    The Property is described as:-

    ERF __________ SOMERSET WEST, situate in the City of Cape Town , Division

    of Stellenbosch, Western Cape Province;

    MEASURING : ______________________________________

    AS WILL more fully appear from the copy of the General Plan appended hereto as

    Annexure "A"

    (hereinafter referred to as the "Property")

    The sale is subject to any and every condition and servitude specified in the original and

    subsequent Deeds of Transfer and to all other rights of, and conditions imposed by any

    Statutory Authority.

    No warranty is given in respect of the boundaries of the property sold. Further, the Seller

    shall not be responsible for pointing out or indicating the position of any Surveyors beacons

    or pegs in respect of the property.

    2. TOTAL PURCHASE PRICE

    The total Purchase price is the sum of:

    R______________________________________ (including VAT) being

    R _________ in respect of the property and

    R ___ being in respect of the amount required and

    allocated to the construction of the dwelling on the property as represented and defined in

    Annexure B" hereto

  • 3

    INITIAL HERE

    AGENT Purchaser's

    Witness

    Purchaser Seller's

    Witness

    SELLER Contractor's

    Witness

    CONTRACTOR

    The said amount shall be payable by the Purchaser to the Seller and Contractor as

    follows:-

    2.1 a deposit of 10% of the purchase price of the property on signature to the

    Seller's Attorneys Messrs MORKEL & DE VILLIERS INC/ING of "The

    Forum", Drama Street, Somerset West, who are hereby authorised to invest

    same in an interest bearing account for the benefit of the Purchaser.

    2.2 The balance of the total purchase price of

    R___________________________________________________ against

    registration of transfer of the property into the name of the Purchaser. The

    Purchaser shall at the request of the attorneys passing transfer provide them

    and/or a third party whom they may nominate, with a bank or other

    acceptable guarantee for the payment of the balance of the purchase price.

    Such guarantee shall be provided within 21 (twenty one) days of being

    requested by the transferring attorneys.

    All payments made by the Purchaser in terms of this Deed of Sale shall be payable free of

    bank exchange at Somerset West.

    3. VALUE ADDED TAX

    It is recorded that the Seller and the Contractor are registered Vendors in terms of the

    Value Added Tax Act of 1991 and that the purchase price set out in Clause 2 hereof is

    inclusive of Value Added Tax. In the event of the rate at which Value Added Tax is

    chargeable being increased after the date of signature hereof, the purchase price shall be

    increased by the amount by which the Value Added Tax has increased to ensure that the

    purchase price received by the Seller and the Contractor is the same as it was prior to the

    increase in Value Added Tax.

    4. INTEREST

    4.1 Interest shall be charged at the prime bank interest rate as charged by Nedbank

    from time to time, plus 3% (THREE PERCENT) on every amount payable by the

    Purchaser to the Seller in terms of this agreement, if any such amount is not paid

    on due date whether such date is fixed in the agreement or in a written demand

    made by the Seller to the Purchaser. Should the guarantee referred to in Clause 2

    not be delivered by due date, the penalty interest referred to in this clause shall

    likewise be payable from due date to date of payment.

    4.2 Such interest shall accrue from the date that the Purchaser is in breach until the

    actual date of payment of such amount, or in the event that the guarantee is not

    furnished, from due date to the date of registration of transfer (both days inclusive)

    and shall be paid by the Purchaser to the Seller prior to the transfer of the

    property.

  • 4

    INITIAL HERE

    AGENT Purchaser's

    Witness

    Purchaser Seller's

    Witness

    SELLER Contractor's

    Witness

    CONTRACTOR

    4.3 Unless otherwise provided herein all payments on account of the purchase price,

    interest, rates, taxes and other charges provided for in terms of this agreement

    shall be made by the Purchaser to the Seller, free of all bank costs or other

    deductions at the offices of the Seller or at such other place in the Republic of

    South Africa as the Seller may from time to time direct in writing.

    5. POSSESSION AND VACANT OCCUPATION

    5.1 The Seller shall give the Purchaser one calendar month written notice of the

    date of completion of the construction of the dwelling in terms of this

    Agreement, from which date possession and vacant occupation shall be given

    to the Purchaser.

    5.2 In the event of the Owners Association referred to in Clause 16.2.2 hereafter

    having set levies the Purchaser shall also be liable for such levies as from date

    of possession.

    6. RATES AND TAXES

    The Municipal and other rates and charges levied against the property shall be apportioned

    pro rata between the Seller and Purchaser, calculated from the date of possession; the

    Seller being responsible for such rates and other charges up to the date of possession and

    the Purchaser shall be responsible for such rates thereafter.

    7. TRANSFER

    Transfer shall be given and taken as close as possible to the date of Possession

    referred to in Clause 5.1, or such extended period as the Seller in his sole discretion

    may allow, but the Seller shall not be responsible for any delay in respect of the

    registration of transfer arising from any cause whatsoever (other than the negligence of

    the Seller) nor shall such delay affect the Purchaser's liability for the payment of the

    purchase price. Transfer shall be passed by the Seller's attorneys, MESSRS MORKEL

    & DE VILLIERS.

    8. COSTS OF TRANSFER

    The Purchaser shall pay all costs of and incidental to the registration of transfer and other

    related charges, and all these costs shall be paid and the transfer documents signed by

    the Purchaser within ten (10) days of the Purchaser being required to do so by the

    Transferring Attorneys; failure to sign the said documents within the required time shall

    constitute a material breach of this contract.

    It is recorded that in view of the fact that this sale is inclusive of VAT no transfer duty is

    payable.

  • 5

    INITIAL HERE

    AGENT Purchaser's

    Witness

    Purchaser Seller's

    Witness

    SELLER Contractor's

    Witness

    CONTRACTOR

    9. COMMISSION

    The Seller is responsible for payment of Agent's commission on the aforesaid value of the

    property and the Contractor is responsible for payment of Agent's commission on the

    contract sum. The Purchaser acknowledges that they were introduced to the property by

    the Agent and no one else.

    10. DOMICILIUM

    The parties do respectively nominate and appoint the addresses set forth in the heading of

    this Agreement or such other addresses as they may at any time advise

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