The Deed Of Sale Agreement Of Immovable Property is a fundamental legal document used in South African property transactions to formalize the sale of fixed property between parties. This agreement is mandated by the Alienation of Land Act 68 of 1981 and must be in writing and signed by all parties to be legally valid. It serves as the foundation for the property transfer process, triggering various legal and administrative procedures including bond registration, transfer duty payment, and compliance certificate requirements. The document is essential for both residential and commercial property transactions and must incorporate all material terms of the sale, including property description, purchase price, payment terms, and conditions of transfer. It's particularly crucial as it forms the basis for the conveyancing process and subsequent registration of the property transfer in the Deeds Office.

1. Parties: Full legal names, registration/identity numbers, and addresses of the Seller and Purchaser

2. Background: Context of the sale and brief description of the property being sold

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Property Description: Detailed legal description of the property including erf number, title deed number, physical address, and size

5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Detailed structure of payments, including deposit, guarantee requirements, and timeline

7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and costs allocation

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

9. Voetstoots Clause: Statement that property is sold 'as is' (subject to Consumer Protection Act where applicable)

10. Risk and Benefit: Transfer of risk and benefit of the property to the purchaser

11. Warranties and Representations: Standard warranties by both parties regarding capacity to contract and property condition

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

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

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

15. Notices and Domicilia: Official addresses for legal notices and communication

16. General Terms: Standard legal provisions including whole agreement, variation, and governing law

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