deed of sale - harcourts real...
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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)
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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
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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.
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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.
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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 to the other of
them in writing as their respective domicilia citandi et executandi (viz: nominated address
for service of any notices) for all purposes arising from or incidental to this Agreement.
Any notice given by the one party to the other and dispatched by registered post, shall be
deemed to have been received by the addressee, on the seventh day after the date of
posting thereof.
11. NON-WAIVER
No concession or any other indulgence which may be granted by the Seller to the
Purchaser, whether in respect of time for payment or otherwise in regard to the terms and
conditions of this Agreement, shall be deemed to be a waiver or estoppel of or affect,
prejudice or derogate from the rights of the Seller under this Agreement.
12. NOVATION
12.1 No warranty or representation express or implied or variation of this Agreement
shall affect the terms thereof unless such warranty or representation or variation
shall be reduced to writing under the hands of the parties hereto.
12.2 The terms of this Agreement shall novate, cancel and supersede the terms and
conditions of all prior negotiations, documents, letters or verbal communications
between the parties hereto with the intent and purpose that the terms and
conditions hereof shall be deemed to constitute the sole record of the Agreement
subsisting between the parties.
13. BREACH OF AGREEMENT
In the event of the Purchaser failing to fulfil on due date any of the terms and\or conditions
of this Deed of Sale, and remaining in default for a period of 10 (TEN) days after the Seller
shall have posted by prepaid registered post to the Purchaser at the address hereinbefore
stated, a notice calling upon the Purchaser to remedy such default, then and in any such
event, the Seller shall be entitled without further notice (in addition to and without prejudice
to any other rights available at law):-
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
13.1 to claim immediate payment of the entire balance of the Purchase Price and
interest outstanding, although not otherwise due by the Purchaser under this Deed
of Sale and damages if any, or
13.2 to cancel this Deed of Sale and claim and recover from the Purchaser such
damages as he may be able to establish he has sustained and he shall be entitled
to retain the cash payments and other payments made by the Purchaser prior to
cancellation until the actual amount of damages has been determined by a Court,
and thereupon sets off such damages against the amounts so held.
14. JURISDICTION
For the purpose of all or any proceedings hereunder the parties herby consent to the
jurisdiction of the Magistrate's Court having jurisdiction over the person of the Purchaser in
terms of Section 28 of the Magistrate's Courts Act of 1944, notwithstanding that such
proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to
constitute the required written consent conferring jurisdiction upon the court pursuant to
Section 45 of the Magistrate's Courts Act of 1944, or any amendment thereof, provided,
nevertheless, that the Seller shall have the right at its sole option and discretion to institute
proceedings in any other competent court in respect of any claim which, but for the
foregoing, would exceed the jurisdiction of the Magistrate's Court.
15. PURCHASER’S BOND
15.1 This agreement is subject to the PURCHASER being granted a mortgage bond
against security of the Property and the improvements to be erected by a Bank or
Financial Institution for an amount of not less than
R___________________________________________________
(___________________________________________________RAND) upon the
normal terms, conditions and requirements of such Bank or Financial Institution
relating to the particular type or class of property, which conditions may include the
condition that the PURCHASER or his spouse; members; directors or trustees be
required to stand surety.
15.2 Should the PURCHASER fail to obtain such a loan and communicate such
approval to the Conveyancers within 30 (thirty) days from the date on which the
SELLER signed this agreement, or within such extended period as the SELLER in
his absolute discretion may allow, the SELLER shall be allowed to cancel this
agreement without further notice, whereupon restitution shall take place.
15.3 The Purchaser hereby appoints the Seller as his agent and irrevocably authorizes
it to apply on his behalf to obtain the required mortgage bond as set out in clause
15.1 and to sign all documents required by such financial institutions with whom
mortgage applications are to be lodged.
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
The Purchaser records that to the best of his knowledge:
15.3.1 he qualifies financially to be granted such a mortgage
loan; and
15.3.2 he is aware that the Financial Institution granting the mortgage bond will
pay an introductory commission, and
15.4 The Purchaser undertakes to sign all documents, present all documentation that
may be required for the purpose of applying for the bond and do all things
necessary as requested by the Seller to ensure the successful granting of the loan.
15.5 In order to avoid any delays in the registration process, the Purchaser agrees to
instruct the financial institution granting the bond to issue the bond registration
instructions to the Seller’s Conveyancers for registration simultaneously with the
transfer of the Property into the Purchasers name. All costs to be associated with
the registration of the mortgage bond to secure the loan to be taken up by the
Purchaser shall be for the account of the Purchaser.
16. SPECIAL CONDITIONS
16.1 The seller, or its successors in title shall, in its absolute discretion be entitled to
apply for, and subject to the necessary approval being granted by the local
authority, vary the layout and/or zoning and/or boundaries of erven and/or the
extent and position of streets comprising the development and the purchaser
shall be bound thereby and shall have no claim of whatsoever nature against the
seller or its successors in title arising therefrom.
16.2 The Purchaser acknowledges that:
16.2.1 any delay in registration of transfer of the property into his name, shall not give rise
to a claim for cancellation of this Agreement and this Agreement will remain
binding and operative notwithstanding such delay;
16.2.2 he is aware of the fact that an Owners Association for the Development is to be
established in accordance with the requirements of the City of Cape Town and
that he and his successors in title will be obliged to become and remain a member
of the said Owners Association for as long as he is an owner of the property and
will be bound by the terms and conditions contained in the Constitution of the
Association (a copy of which is annexed hereto as Annexure "C") as approved by
the City of Cape Town, and that
16.2.2.1 immediately on becoming the registered owner of the property
he will automatically become a member of the Association;
16.2.2.2 should he sell the property he will ensure that his Purchaser is
made fully aware of the Association;
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
16.2.2.3 prior to transfer he will not be entitled to sell, donate, grant any
option or pre-emptive rights in respect of, alienate or transfer, or
in any way deal with the property without the prior written
consent of the Association which shall not be unreasonably
withheld;
16.2.2.4 the following clause will be inserted in the Title Deed of the
property in this form or in such form as may be determined by
the Registrar of Deeds and is imposed as a condition in favour
of the Association –
"The within property may not be sold or transferred without the
prior written consent of the HOME OWNERS ASSOCIATION of
which the within Transferee shall become a member, which
consent shall not be unreasonably withheld."
16.2.2.5 By virtue of his Membership of the Association, he will be obliged
to make payment of levies to enable the Association to maintain
the Private Open Spaces and to cover its administrative costs,
agrees that the conditions imposed in terms of this clause shall
be deemed to have been imposed as a stipulatio alteri for the
benefit of the members of the Owners Association, that such
conditions may be enforced by the Owners Association.
16.2.2.6 By his signature hereto the Purchaser irrevocably binds himself
to be bound by, to carry out, all the terms and conditions of the
Constitution of the Home Owners Association.
16.2.2.7 The current monthly levies per Erf in the Estate is R500.00 per
month.
16.3 It is recommended that the Purchaser should have the soil conditions on the
property independently tested prior to construction, if deemed necessary.
16.5.1 If this agreement is signed by a person acting or purporting to act for and on behalf
of a Company or Close Corporation (other than one not yet incorporated or
formed), or Trust he warrants by his signature that he is duly authorised so to sign
this agreement, and by his signature binds himself in favour of the Seller as surety
and co-principal debtor in solidum, under renunciation of the benefits of division,
excussion and cession of action, for the due performance of all the obligations of
the said Company, Close Corporation or Trust in terms of or arising out of this
agreement, or any cancellation pursuant to this agreement.
16.5.2. If the person signing as Purchaser acts or purports to act as agent or trustee for a
Company or Close Corporation not yet incorporated or formed:
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
16.5.2.1 such person undertakes in his personal capacity that the Company or
Close Corporation for which he is acting as agent or trustee will be formed
within 30 (Thirty) days of signature and will, within 7 (Seven) days of being
incorporated or formed, adopt or ratify this agreement, without
modification;
16.5.2.2 if the said Company or Close Corporation is not incorporated or formed
within the period prescribed in 16.5.2.1, then such person by his signature
binds himself in favour of the Seller as surety and co-principal debtor in
solidum, under renunciation of the benefits of division, excussion and
cession of action, for the due performance of all the obligations of the said
Company or Close Corporation in terms of or arising out of this
agreement, or any cancellation pursuant to this agreement.
16.6 The property may be used solely for residential purposes; without limiting the
generality of the aforegoing no auction, business or profession may be conducted
from the property without the prior written consent of the Seller, and after transfer,
the Home Owner's Association.
17. CONDITIONS RELATING TO THE CONTRACTOR AND WARRANTIES
It is hereby recorded that although the Seller is the owner of the vacant land on which the
dwelling house and outbuildings will be constructed by the Contractor, the responsibility for
the execution of the construction of the dwelling house and outbuildings on the said vacant
land in a proper workmen like manner will be the sole responsibility, and work of the
Contractor. The Contractor warrants that the work will be constructed substantially in
accordance with the plan, annexed hereto as Annexure “D”, the basic specification,
annexed hereto as Annexure “E” and the finishes schedule annexed hereto as Annexure
“ F” approved by the City of Cape Town and the Home Owner Association. It is hereby
agreed that the following terms and conditions apply only between the Purchaser and the
Contractor, the Seller being absolved from any responsibility therefore owing to the fact
that it is only the owner of the vacant land on which the dwelling house and outbuildings
have been constructed. The following terms and conditions therefore apply as between the
Contractor and Purchaser.
17.1 It is a specific requirement of the contract that the Contractor be registered with the
NHBRC and his certificate of registration must be shown to the Purchaser upon
request.
17.2 The Contractor shall have completed and filed all NHBRC Certificates with the NHBRC
and will have complied with all their Rules and Regulations.
18.
Notwithstanding anything to the contrary herein contained, ownership of all materials built onto
the Erf shall remain vested in the Contractor until such time as all amounts due in terms of this
Agreement have been paid in full.
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
19.
The following documentation will be supplied by the Contractor to the Purchaser on registration
of transfer or occupation whichever shall be the later.
19.1 Electrical Compliance Certificate
19.2 Roof Certificate (A19)
19.3 Copy of approved Plan
19.4 Occupation Certificate issued by the Local Authority
19.5 Plumbing Compliance Certificate
20.
The Purchaser shall not under any circumstances be entitled to withhold payment from the
Contractor for any amounts whatsoever by virtue of minor works still to be carried out by the
Contractor. Any amounts to be withheld, shall be certified by an Architect appointed by the
Contractor.
21.
Should there be any dispute between the Parties, then the matter will be referred to an Architect
whose decision will be final and binding on the Parties.
22.
In addition to the defects list referred to in Clause 23.2 of this Agreement, the Purchaser, must
within 7 (Seven) Days after the date of registration of transfer or occupation whichever shall be
the later (the Completion date), notify the Contractor in writing of any visible defects, which will
be rectified within one month, subject to the Purchaser permitting access. This list shall be
regarded as a final and complete defect list, but shall not constitute the right to withhold final
payment.
23.
23.1 The Purchaser or his representative shall be obliged to attend a hand-over inspection of
the completed dwelling house together with the Architect or a representative of the
Contractor at any pre-arranged time (as close as possible to final completion by the
Contactor), in order to inspect the work and to be advised of the defects listed by the
Architect or the representative of the Contractor which are to be remedied by the
Contractor in terms of Clause 23.3. During the hand-over inspection the Architect or the
representative of the Contractor may in his sole discretion add further items to the
defects list, which will be remedied by the Contractor in terms of Clause 23.3 of this
Agreement. In the event however, that the Purchaser or his representative fails to attend
the hand-over inspection within a period of 7 (Seven) days after he was invited to attend
to an appointment regarding the handover inspection, despite having been duly notified
thereof, the Architect or the representative of the Contractor, shall conduct such
inspection and hand-over.
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
23.2 The defects list issued by the Architect or the representative of the Contractor together
with such further items, if any, added during the hand over inspection shall be final and
binding between the Parties and the Purchaser shall be obliged to accept the Works with
such defects. The Purchaser shall be precluded from raising at any later time any defect
which is alleged to have been a patent defect on the day of the inspection, but does not
appear on such list and shall not have any claim against the Contractor arising therefrom
nor shall the Purchaser be entitled to allege that any such defect or any of the defects
listed by the Architect or the representative of the Contractor, renders the Works unfit for
beneficial occupation.
23.3 The Contractor shall remedy any defects that have been listed by the Architect or the
representative of the Contractor on the said defects list pursuant to Clause 23.1, as soon
as reasonably possible after the "Completion Date". The Contractor shall remedy any
material latent defect in the Works due to faulty workmanship or materials, manifesting
itself within 180 (hundred and eighty) Days of the Completion Date, provided that the
Purchaser notifies the Contractor thereof in writing within the said period of 180
(hundred and eighty) Days. Any dispute between the Contractor and the Purchaser as
to whether the defect constitutes a material defect, shall be referred to the Architect or
the representative of the Contractor for determination, whose decision shall be final and
binding on the Parties.
23.4 In addition to the obligation of the Contractor in Clause 23.3 to remedy patent and latent
defects, the Contractor shall in terms of the NHBRC requirements be obliged to:
23.4.1 At its own expense repair any roof leaks that occur in respect of the Works
within the first 12 (twelve) months of the Completion Date, provided that the
Purchaser notifies the Contractor thereof in writing within the said period of
12 (Twelve) months;
23.4.2 Rectify any defect of a patent or latent nature in respect of the substructure,
the substructure and the roof structure of the Works for a period of 5 (Five)
years of the Completion Date, provided the Purchaser notifies the
Contractor in writing thereof within the said 5 (Five) year period;
23.5 In the absence of notice as referred to in Clause 23.4 above the Purchaser
shall be deemed to have accepted the Works in a fit and proper condition
and be deemed to have acknowledged that the Contractor has fully
complied with its obligations as set out in the aforesaid Clause.
23.6 The Purchaser shall be obliged to give the Contractor all access reasonably
required to remedy the patent or latent defects that are required to be
remedied in terms of Clause 23 above.
23.7 The Contractor personally, or through its servants or agents, shall be
entitled at all reasonable times to have access to the Works for the purpose
of inspecting it or to carry out any repairs which the Contractor may in terms
hereof be obliged or entitled to perform whether such repairs relate to the
Works or not, and the Purchaser shall have no claim against the Contractor
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
for any disturbance in his occupation arising out of the exercise by the
Contractor of the rights hereby conferred.
23.8 After occupation of the Works by the Purchaser, any repairs will be done
during working hours, Monday to Friday.
23.9 The Architect's certificate stating that any defect for which the Contractor is
liable in terms of hereof has been made good shall be final and binding on
both Parties and shall relieve the Contractor from any obligations in respect
of such defect.
23.10 The Warranty specifically excludes the following repair items:
23.10.1 touch–up paint of any nature,
23.10.2 hairline cracks in the plaster work,
23.10.3 any shrinkage/movement and expansion cracks between
different components/materials used or cracking which might
appear in control movement joints,
23.10.4 any mould growth caused by a lack of ventilation and/or
condensation, any doors and windows slamming in windy
conditions or any damage caused thereby,
23.10.5 wind and rain entering through the windows and doors and
windows left open,
23.10.6 and hot water cylinders which will be covered by the guarantee
supplied by the manufacturers thereof.
24. CONSUMER PROTECTION ACT
24.1 It is recorded that the Contractor is a 'producer' as defined in the Consumer
Protection Act 2011 (CPA) and that the Property is sold with an 'implied warranty
of quality' as provided for in section 56 of the CPA being a warranty that the
Property complies with the requirements and standards contemplated in section 55
of the CPA which section 55 provides that the Purchaser has a right to receive the
Property on the basis that: -
24.1.1 it will be reasonably suitable for the purposes for which it is generally
intended;
24.1.2 it is of good quality, in good working order and free of any defects,
subject to the warranties contained elsewhere herein).
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
24.1.3 it will be useable and durable for a reasonable period of time, having
regard to the use to which Property would normally be put and to all the
surrounding circumstances of its supply except to the extent that the
Property has been altered after having left the control of the Contractor.
24.2 The contractor will comply in all respects with the CPA in so far as it applies to the
agreement, it being the intention of the contractor, to fulfill all its obligations in the
construction of the dwelling.
25. OCCUPATIONAL RENTAL.
25.1 In the event of the Purchase Price or any portion thereof not having been paid to
or made available to the Seller on or before the date upon which possession of
the property shall be given, occupational rental of
R_________________________ shall be payable from date of possession to
the date of transfer and such rental shall be paid monthly in advance.
26. ADDITIONAL EXTRAS & UPGRADES
26.1 Any request by the purchaser to upgrade or change materials or the position of
any electric or plumbing points after the deed of sale has been signed and the
bond approved shall be at the sole discretion of the contractor to allow.
26.2 Any additional costs arising from the changes requested by the purchaser must
be agreed to in writing, prior to construction starting, by both the contractor and
the purchaser.
26.3 Any additional costs arising from the changes requested by the purchaser do not
form part of this deed of sale and thus is a separate contract between the
purchaser and the contractor; the cost of which is to be paid in full directly to the
contractor before any works on site commence. If the additional costs have not
been paid for, in full, the contractor will revert back to the original drawings,
specification and finishes schedule as it appears in Appendix D, E and F
appended hereto.
26.4 Any changes after construction has started will not be permitted by the
contractor.
27. This offer is irrevocable and binding on the Purchasers(s) for a period of 30 (thirty) days
from signature hereof by the Purchaser(s).
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
SIGNED AT _______________________________________________
ON THIS____________ DAY OF____________________20__________
AS WITNESSES
1. _________________
_________________
SELLER
2. _________________
SIGNED AT _______________________________________________
ON THIS____________ DAY OF____________________20__________
AS WITNESSES
1. ___________________
______________
PURCHASER
2. ___________________
SIGNED AT _______________________________________________
ON THIS____________ DAY OF____________________20__________
AS WITNESSES
1. ___________________
2. ____________________
CONTRACTOR
ON THIS____________ DAY OF____________________20_____________
AGENT
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
PERSONAL PARTICULARS
FULL NAMES AND SURNAME_____________________________________
IDENTITY NUMBER ______________________________________
DATE OF BIRTH ______________________________________
MARITAL STATUS ______________________________________
(Unmarried, Married, Divorced, Widowed)
IF MARRIED, STATE MARRIED IN / OUT
OF COMMUNITY OF PROPERTY ____________________________________
DATE OF MARRIAGE ______________________________________
PLACE OF MARRIAGE ______________________________________
(Town and Country)
FULL NAMES OF SPOUSE ______________________________________
IDENTITY NUMBER OF SPOUSE ___________________________________
DATE OF BIRTH OF SPOUSE ___________________________________
CONTACT TELEPHONE NUMBER ___________________________________
CELLPHONE NUMBER ___________________________________
FAX NUMBER ___________________________________
E MAIL ADDRESS ___________________________________
RESIDENTIAL ADDRESS __________________________________
POSTAL ADDRESS ______________________________________
INCOME TAX REFERENCE NO ______________________________________
Please also let us have a copy of your Identity Document and marriage certificate, if applicable. If
you are not in possession of a South African Identity Document, please let us have a copy of your
Passport. Kindly also supply us with a copy of a utility bill reflecting your name and residential
address.
16
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AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX A
17
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX B
18
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX C
19
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX D
20
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX E
21
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX F
22
INITIAL HERE
AGENT Purchaser's
Witness
Purchaser Seller's
Witness
SELLER Contractor's
Witness
CONTRACTOR
APPENDIX G