The Purchase Sale Agreement Commercial (Real Estate) is a crucial legal instrument used in South African property transactions when transferring ownership of commercial real estate between parties. This document is essential for any business-related property transaction, whether it involves office buildings, retail spaces, industrial facilities, or other commercial properties. It must comply with South African property law, particularly the Alienation of Land Act 68 of 1981, and addresses specific requirements for commercial property transfers including zoning compliance, occupancy certificates, and VAT considerations where applicable. The agreement is typically more complex than residential property agreements due to additional commercial considerations, tenant rights, and business-specific compliance requirements. It serves as the foundational document for the property transfer process and is used by conveyancing attorneys to facilitate the registration of the property transfer at the Deeds Office.

1. Parties: Identification and details of the Seller and Purchaser, including registration numbers for companies

2. Background: Context of the transaction and brief description of the property and purpose of the agreement

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

4. Sale of Property: Core terms of the sale including property description and what is included/excluded in the sale

5. Purchase Price: Amount, payment terms, deposit requirements, and payment mechanics

6. Conditions Precedent: Any conditions that must be fulfilled before the agreement becomes fully effective

7. Transfer and Registration: Process and obligations regarding property transfer and registration

8. Transfer Costs and Charges: Allocation of transfer costs, duties, and other transaction expenses

9. Risk and Possession: Transfer of risk and possession arrangements, including occupation date

10. Seller's Warranties and Representations: Standard warranties regarding property ownership, condition, and compliance

11. Purchaser's Warranties and Representations: Warranties regarding financial capacity and authority to purchase

12. Property Condition: Current state of the property and acceptance terms

13. Compliance Certificates: Required certificates and compliance documentation

14. Default and Breach: Consequences of breach and remedies available to parties

15. Notices and Domicilia: Communication procedures and official addresses for notices

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

17. Signature: Execution provisions and signature blocks