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Basic Home Purchase Agreement
"I need a Basic Home Purchase Agreement for a freestanding house in Cape Town, with a purchase price of R2.5 million, including a 10% deposit and subject to the purchaser obtaining mortgage finance by March 2025."
1. Parties: Identification and details of the Seller and Purchaser, including full legal names, identity numbers, and current addresses
2. Background: Brief context of the transaction and confirmation that the Seller owns and wishes to sell the property to the Purchaser
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Transfer Date', etc.
4. Sale: Core clause confirming the sale and purchase of the property
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payments will be made, including deposit arrangements and balance payment
7. Transfer and Registration: Process and obligations regarding property transfer, including appointment of conveyancer and timeline
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property upon handover
9. Voetstoots and Property Condition: Statement of property condition and any voetstoots (as-is) provisions as allowed by law
10. Risk and Insurance: Transfer of risk and responsibility for insurance between parties
11. Warranties and Representations: Standard warranties by both parties regarding capacity to contract and property status
12. Costs: Allocation of transfer costs, legal fees, and other transaction expenses
13. Breach: Consequences and remedies in case of breach by either party
14. Notices and Domicilia: Official contact details and addresses for legal notices
15. General Terms: Standard legal provisions including whole agreement, variation, and governing law
16. Signatures: Signature blocks for all parties and witnesses
1. Bond Approval: Include when purchase is subject to the Purchaser obtaining mortgage finance
2. Sale of Purchaser's Property: Include when purchase is conditional on Purchaser selling their existing property
3. Tenant Rights: Include when property is currently tenanted with existing lease agreements
4. Fixtures and Fittings: Include when specific items are included/excluded from the sale
5. Property Compliance Certificates: Include when specific mention of electrical, gas, electric fence, or beetle certificates is required
6. Agent Commission: Include when a real estate agent is involved in the transaction
7. Swimming Pool Compliance: Include when property includes a swimming pool requiring safety compliance
8. Body Corporate / HOA Provisions: Include for properties in sectional title or homeowners associations
9. FICA Requirements: Include detailed Financial Intelligence Centre Act compliance requirements when necessary
1. Schedule A - Property Description: Detailed legal description of property including erf number, title deed details, and physical address
2. Schedule B - Purchase Price Breakdown: Detailed breakdown of purchase price, deposit, and payment terms
3. Schedule C - Included Fixtures and Fittings: List of all items included in or excluded from the sale
4. Schedule D - Property Defects: List of known defects disclosed by the Seller
5. Schedule E - Compliance Certificates: List of required compliance certificates and their status
6. Appendix 1 - Property Plans: Official property plans and diagrams
7. Appendix 2 - Property Photos: Photos documenting property condition at time of sale
8. Appendix 3 - Body Corporate Rules: If applicable, current Body Corporate or HOA rules and regulations
Authors
Bond
Bond Attorney
Business Day
Completion Date
Compliance Certificates
Conveyancer
Deeds Office
Deposit
Domicilium Citandi Et Executandi
Effective Date
Electrical Certificate
Erf
Estate Agent
Financial Institution
FICA
Fixtures and Fittings
Gas Certificate
Improvements
Occupation Date
Occupational Rent
Parties
Property
Property Description
Purchase Price
Purchaser
Registration
Seller
Signature Date
Title Deed
Transfer
Transfer Costs
Transfer Date
Transfer Duty
VAT
Voetstoots
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Bond Finance
Transfer and Registration
Possession and Occupation
Property Condition
Voetstoots
Compliance Certificates
Risk and Insurance
Warranties
Representations
Transfer Costs
Estate Agent Commission
Suspensive Conditions
Breach
Dispute Resolution
Force Majeure
Notices
Domicilium
Assignment
Whole Agreement
Variation
Governing Law
Severability
Property Inspection
Fixtures and Fittings
Body Corporate Provisions
Consumer Protection
Real Estate
Residential Property
Legal Services
Financial Services
Property Development
Construction
Banking
Insurance
Property Management
Conveyancing
Legal
Real Estate
Conveyancing
Compliance
Property Management
Sales
Contract Administration
Risk Management
Finance
Operations
Real Estate Agent
Property Lawyer
Conveyancing Attorney
Property Manager
Mortgage Broker
Bank Manager
Property Developer
Legal Counsel
Compliance Officer
Property Practitioner
Sales Manager
Property Consultant
Contract Manager
Real Estate Broker
Settlement Agent
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