The Sale Agreement With Possession is a specialized legal instrument used in South African property transactions where immediate occupation by the purchaser is required before the formal transfer of ownership. This type of agreement is commonly used when buyers need to take possession of the property before the transfer process is completed, which can take several months in South Africa. The document combines elements of both sale and possession agreements, ensuring compliance with the Alienation of Land Act, Consumer Protection Act, and other relevant South African legislation. It's particularly useful in situations involving property renovations before transfer, delayed registration due to administrative processes, or when parties agree to early occupation for practical reasons. The agreement must carefully balance the rights and obligations of both parties during the interim period, including risk allocation, maintenance responsibilities, and payment arrangements.
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1. Parties: Details of the Seller and Purchaser, including full legal names, registration/identity numbers, and contact information
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement
4. Sale: Core terms of the sale including the purchase price and confirmation of the sale
5. Property Description: Detailed description of the property including erf number, physical address, and extent
6. Purchase Price: Amount, payment terms, and security arrangements for the purchase price
7. Possession and Occupation: Terms of possession, date of possession, and conditions during the possession period
8. Transfer: Process and timing of property transfer, appointment of conveyancer, and transfer costs
9. Risk and Insurance: Transfer of risk, insurance requirements during the possession period
10. Rates, Taxes and Utilities: Responsibility for payments during possession period and after transfer
11. Warranties and Representations: Warranties by both parties regarding the property and their capacity to enter into the agreement
12. Breach: Consequences of breach and remedies available to the parties
13. Notices and Domicilia: Communication methods and official addresses for notices
14. General Terms: Standard contractual provisions including whole agreement, variation, and governing law
1. Commission: Include when an estate agent is involved in the transaction
2. Fixtures and Fittings: Include when there are specific items included or excluded from the sale
3. Occupation Rental: Include when the purchaser will pay rental during the possession period
4. Suspensive Conditions: Include when the sale is subject to conditions such as bond approval
5. Special Conditions: Include when there are property-specific conditions or requirements
6. FICA Requirements: Include when specific compliance with Financial Intelligence Centre Act is required
7. Alien Vegetation: Include when the property contains listed invasive species requiring attention
8. Pool Safety: Include when the property has a swimming pool requiring compliance certification
9. Electrical Compliance: Include when specific arrangements for electrical compliance certificate are needed
1. Schedule A - Property Description: Detailed property description including boundaries and title deed information
2. Schedule B - Fixtures and Fittings: Comprehensive list of items included in or excluded from the sale
3. Schedule C - Defects: List of known defects in the property as disclosed by the seller
4. Schedule D - Payment Schedule: Detailed breakdown of payment terms and dates if applicable
5. Appendix 1 - Property Plans: Approved building plans and property diagrams
6. Appendix 2 - Compliance Certificates: Copies or details of required compliance certificates
7. Appendix 3 - Rules and Regulations: Body corporate or homeowners association rules if applicable
8. Appendix 4 - Power of Attorney: If required for transfer process
Relevant legal definitions
Agreement
Bond
Bond Attorney
Business Day
Commencement Date
Compliance Certificates
Conveyancer
Deed of Sale
Defects
Deposit
Effective Date
Erf
Estate Agent
Fixtures and Fittings
Improvements
Interest Rate
Municipal Rates
Occupation Date
Occupation Rental
Parties
Possession
Property
Purchase Price
Purchaser
Registration
Registration Date
Seller
Signature Date
Suspensive Conditions
Title Deed
Transfer
Transfer Costs
Transfer Date
Transfer Duty
Utilities
VAT
Bond
Bond Attorney
Business Day
Commencement Date
Compliance Certificates
Conveyancer
Deed of Sale
Defects
Deposit
Effective Date
Erf
Estate Agent
Fixtures and Fittings
Improvements
Interest Rate
Municipal Rates
Occupation Date
Occupation Rental
Parties
Possession
Property
Purchase Price
Purchaser
Registration
Registration Date
Seller
Signature Date
Suspensive Conditions
Title Deed
Transfer
Transfer Costs
Transfer Date
Transfer Duty
Utilities
VAT
Clauses
Interpretation
Sale
Purchase Price
Payment Terms
Possession
Occupation
Property Transfer
Risk and Insurance
Maintenance and Repairs
Rates and Taxes
Utilities
Compliance Certificates
Warranties
Property Condition
Agent Commission
Suspensive Conditions
Default and Breach
Dispute Resolution
Force Majeure
Notices
Regulatory Compliance
Costs
Governing Law
Assignment
Whole Agreement
Variation
Severability
Indemnification
Termination
Sale
Purchase Price
Payment Terms
Possession
Occupation
Property Transfer
Risk and Insurance
Maintenance and Repairs
Rates and Taxes
Utilities
Compliance Certificates
Warranties
Property Condition
Agent Commission
Suspensive Conditions
Default and Breach
Dispute Resolution
Force Majeure
Notices
Regulatory Compliance
Costs
Governing Law
Assignment
Whole Agreement
Variation
Severability
Indemnification
Termination
Relevant Industries
Real Estate
Legal Services
Financial Services
Property Development
Construction
Insurance
Banking
Property Management
Residential Property
Commercial Property
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Conveyancing
Risk Management
Contract Administration
Document Management
Property Transfer
Relevant Roles
Property Lawyer
Conveyancing Attorney
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Property Developer
Sales Manager
Contract Administrator
Property Transaction Manager
Real Estate Broker
Title Deed Officer
Property Transfer Secretary
Legal Document Specialist
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