The parties (buyer, seller and possibly the agent)
This is the first post dealing with typical clauses. We suggest you read the content of the 7 golden rules before you read the content of the typical clauses.
This is the first post dealing with typical clauses. We suggest you read the content of the 7 golden rules before you read the content of the typical clauses.
Avoid uncertainty. Don't be vague. To describe the property being bought and sold, follow the full description according to the seller's title deed. A useful way to make sure you have described the property correctly is to ask the agent for the deeds registry search result. The agent may have this for you. In [...]
If there is an agent involved, the buyer and seller should ask what sales have taken place in the area recently. Compare those prices and properties with the property being sold now. Again, this information is available at short notice and online, and often the agent will have it readily available for the buyer [...]
If the seller is a VAT vendor, and the property is an asset in the VAT registered enterprise or input credits were claimed, it is likely that VAT should be paid by the seller to SARS on the sale. (There are exceptions. Take tax advice.) The agreement should state clearly if VAT is included in the price of the property [...]
This does not apply to the sale of most residential properties. This applies only where the seller and purchaser are both registered VAT vendors; the property is or is part of a VAT registered enterprise, such as a commercial rental enterprise or farm or the property is part of a larger business being sold; very [...]
These are your "get out of jail free" card. They are useful, as long as you act in good faith at all times and do not deliberately frustrate the fulfilment of a condition, otherwise you cannot benefit from its protection. They can be used when you want to close the deal now, but want to [...]
This is usually written as suspensive condition, so read the section just before this one about suspensive conditions. If you are the buyer, make sure that the clause states that the agreement is not binding on you unless you secure mortgage finance for a particular amount or such lesser amount as you confirm is acceptable by a [...]
This is used mostly where the parties have signed an agreement but the purchaser has added suspensive conditions (like a bond clause or the sale of another property.) The seller is happy to do the deal, but does not want to lose the opportunity to market the property to other potential buyers in case the purchaser's [...]
Buying "voetstoots" means that you buy the property as it stands, with all its physical, structural and legal defects and conditions. This is probably the most important thing you can understand about your agreement before you start the negotation process. If you are the seller, make sure that the agreement contains this provision. It is a [...]
The buyer should beware. Anything that the buyer can find out about the property from a thorough physical and legal search is accepted as being known by the buyer and need not be pointed out.