The Home Contract serves as the foundational legal document for residential property transactions in South Africa, governed primarily by the Alienation of Land Act and related property legislation. This contract type is essential for documenting the legal transfer of residential property ownership, protecting both buyer and seller interests. It must be in writing to be valid under South African law and typically includes detailed property descriptions, financial terms, transfer conditions, and compliance requirements. The document is used whenever residential property is bought or sold, whether it's a freestanding house, sectional title unit, or residential plot, and must incorporate specific provisions required by South African property law, including requirements for various compliance certificates and transfer procedures.
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1. Parties: Identification and details of the Seller and Purchaser, including full names, identity numbers, and current addresses
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including erf number, physical address, size, and boundaries
5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements
6. Payment Terms: Detailed breakdown of how and when payments will be made, including mortgage bond arrangements
7. Transfer and Registration: Process and timing of property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent terms, and conditions for possession
9. Voetstoots Clause: Statement that the property is sold 'as is', subject to Consumer Protection Act provisions
10. Risk and Benefits: Transfer of risk and benefit of ownership from seller to purchaser
11. Warranties: Warranties provided by the seller regarding the property's condition and legal status
12. Estate Agent Commission: Details of estate agent's commission if applicable
13. Breach: Consequences and remedies in case of breach by either party
14. Notices and Domicilia: Official addresses for legal notices and communication
15. General Terms: Standard contractual provisions including whole agreement clause, variation requirements, and governing law
16. Signatures: Space for parties to sign, including witnesses
1. Special Conditions: Used when there are unique terms specific to this transaction, such as subject-to-sale conditions
2. Fixtures and Fittings: Include when specific items are included or excluded from the sale
3. Existing Tenancies: Required when the property is sold with existing tenants
4. Swimming Pool Certificate: Include when the property has a swimming pool requiring compliance certification
5. Electrical Compliance: Special provisions regarding electrical compliance certificate requirements
6. Gas Installation: Include when the property has gas installations requiring certification
7. Property Owners Association: Required when the property is in an estate or governed by a POA
8. Development Rights: Include when there are specific development rights or restrictions
9. FICA Requirements: Include detailed FICA compliance requirements when dealing with foreign buyers
1. Schedule A - Property Details: Detailed property specifications, including diagram and description from title deed
2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale
3. Schedule C - Defects List: List of known defects disclosed by the seller
4. Schedule D - Compliance Certificates: List of required compliance certificates and their status
5. Appendix 1 - Property Plans: Approved building plans and property diagrams
6. Appendix 2 - Rules and Regulations: Body corporate or estate rules if applicable
7. Appendix 3 - Special Conditions: Detailed special conditions or subject-to conditions
8. Appendix 4 - Proof of Payment: Record of deposit and other payments made
Relevant legal definitions
Agreement
Property
Seller
Purchaser
Purchase Price
Transfer Date
Occupation Date
Occupational Rent
Bond
Bond Attorney
Conveyancer
Transfer Attorney
Effective Date
Signature Date
Registration Date
Deposit
Due Diligence Period
Compliance Certificates
Electrical Certificate
Gas Certificate
Plumbing Certificate
Electric Fence Certificate
Beetle Certificate
Defects
Fixed Improvements
Fixtures and Fittings
FICA
Local Authority
Transfer Duty
VAT
Rates and Taxes
Body Corporate
Homeowners Association
Estate Agent
Commission
Voetstoots
Business Day
Breach
Domicilium
Prime Rate
Title Deed
Mortgage Bond
Transfer Costs
Clearance Certificate
Property
Seller
Purchaser
Purchase Price
Transfer Date
Occupation Date
Occupational Rent
Bond
Bond Attorney
Conveyancer
Transfer Attorney
Effective Date
Signature Date
Registration Date
Deposit
Due Diligence Period
Compliance Certificates
Electrical Certificate
Gas Certificate
Plumbing Certificate
Electric Fence Certificate
Beetle Certificate
Defects
Fixed Improvements
Fixtures and Fittings
FICA
Local Authority
Transfer Duty
VAT
Rates and Taxes
Body Corporate
Homeowners Association
Estate Agent
Commission
Voetstoots
Business Day
Breach
Domicilium
Prime Rate
Title Deed
Mortgage Bond
Transfer Costs
Clearance Certificate
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Property
Possession and Occupation
Warranties and Representations
Compliance Certificates
Property Condition
Voetstoots
Risk and Insurance
Rates and Taxes
Transfer Costs
Estate Agency
Subject To Conditions
Bond Finance
Occupational Rent
Fixtures and Fittings
Outstanding Claims
Property Inspections
Existing Tenancies
Breach and Termination
Dispute Resolution
Force Majeure
Notices and Communications
Governing Law
Assignment
Variations
Severability
Entire Agreement
Counterparts
Purchase Price
Payment Terms
Transfer of Property
Possession and Occupation
Warranties and Representations
Compliance Certificates
Property Condition
Voetstoots
Risk and Insurance
Rates and Taxes
Transfer Costs
Estate Agency
Subject To Conditions
Bond Finance
Occupational Rent
Fixtures and Fittings
Outstanding Claims
Property Inspections
Existing Tenancies
Breach and Termination
Dispute Resolution
Force Majeure
Notices and Communications
Governing Law
Assignment
Variations
Severability
Entire Agreement
Counterparts
Relevant Industries
Real Estate
Property Development
Legal Services
Financial Services
Banking
Construction
Insurance
Property Management
Urban Development
Housing
Relevant Teams
Legal
Real Estate
Property Development
Sales
Compliance
Risk Management
Finance
Operations
Customer Relations
Documentation
Relevant Roles
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Developer
Mortgage Broker
Real Estate Manager
Legal Counsel
Property Valuer
Compliance Officer
Sales Manager
Property Transaction Coordinator
Housing Development Manager
Real Estate Transaction Specialist
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