The Owner To Owner Home Sale Contract is a fundamental legal document used in South African residential property transactions between private sellers and buyers. It's essential when individuals wish to transfer residential property ownership without involving property developers or commercial entities. This document must comply with the Alienation of Land Act 68 of 1981 and related South African property legislation, requiring written format and signatures from all parties. The contract covers crucial aspects including property description, purchase price, payment terms, transfer conditions, warranties, and compliance requirements. It's particularly relevant in private property sales where both parties seek a comprehensive, legally-compliant agreement that protects their interests and ensures smooth property transfer through the Deeds Office.
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1. Parties: Full legal names, identification numbers, and current addresses of the seller and purchaser
2. Background: Brief context of the sale and confirmation that the seller is the registered owner of the property
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Transfer Date', 'Purchase Price', etc.
4. Property Description: Detailed legal description of the property including erf number, physical address, and size
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Details of how and when payments will be made, including deposit handling and guarantee requirements
7. Transfer and Registration: Process and timing for property transfer, appointment of conveyancer, and registration requirements
8. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property at handover
9. Warranties and Representations: Seller's warranties regarding the property's condition and any material defects
10. Risk and Insurance: Transfer of risk and responsibility for insurance from seller to purchaser
11. Costs and Taxes: Allocation of transfer costs, legal fees, and outstanding municipal charges
12. Breach: Consequences and remedies in case of breach by either party
13. Notices and Domicilia: Official contact details and addresses for legal notices
14. General Terms: Standard contract clauses including whole agreement, variation, and governing law
1. Bond Approval: Required when purchase is subject to the buyer obtaining mortgage finance
2. Sale of Purchaser's Property: Required when purchase is conditional on the buyer selling their existing property
3. Fixtures and Fittings: Detailed list of items included/excluded in the sale when specific items need to be addressed
4. Tenant Rights: Required when the property is currently leased to tenants
5. Swimming Pool Compliance: Required when property includes a swimming pool, addressing safety requirements
6. Electric Fence Compliance: Required when property has an electric fence, addressing certification requirements
7. Solar Installation Terms: Required when property includes solar panels or other renewable energy systems
8. Body Corporate Rules: Required for properties within sectional title schemes
1. Schedule A - Property Details: Detailed property description, including diagrams and zoning information
2. Schedule B - Fixtures and Fittings: Comprehensive list of all items included in and excluded from the sale
3. Schedule C - Defects List: Disclosure of all known defects in the property
4. Schedule D - Compliance Certificates: List of required compliance certificates and their status
5. Schedule E - Property Plans: Approved building plans and property layout
6. Appendix 1 - Proof of Insurance: Current insurance details for the property
7. Appendix 2 - Municipal Account Status: Status of municipal accounts and clearance certificate information
8. Appendix 3 - Body Corporate Certificate: For sectional title properties, confirmation of good standing with body corporate
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