1
WHEREAS JR 209 INVESTMENTS (PTY) LTD (The “Seller”) is the registered owner of Erf 746in the Township MONAVONI X 14 (The “Land”), on which it is developing a Sectional Title to be known as CERISE (The “Scheme”);
NOWTHEREFORE I, ______
the undersigned, of the address
______
(which I hereby choose as the address where legal documentation will be delivered) (The “Purchaser”) hereby offers to purchase from the Seller the following unit (The “Unit”);
Proposed Unit No.______(Type ______) in the Scheme as mentioned above,which will consist of a Unit to be erected in the position indicated on the site plan in accordance with the approved building plans (both being hereinafter referred to as the “Plans” and with both of which the Purchaser acknowledges himself to be acquainted), and an undivided share in the common property apportioned to the section in accordance with the participation quota of the Unit, subject to the following conditions:
1.The purchase price of this Unit is the sum of R ______
(______Rand) payable by the Purchaser as follows:
1.1A deposit of R______upon signing of this offer by the Purchaser to be deposited with JUST INVEST’S TRUST ACCOUNT to be held by them in trust pending the registration of transfer and to be refunded to the Purchaser on the failure of the suspensive conditions. This deposit may be deposited in an interest bearing trust account of the conveyancer for the benefit of the Purchaser. Should the Purchaser commit any breach of this contract, the deposit will be forfeited and paid over to the Seller.
1.2The balance of R ______(______
______Rand)
is payable on date of transfer and shall be secured within20 (twenty days) days of signing of this agreement by both parties, by a banker’s or other guarantee/s approved by the Seller, in favour of the Seller and/or its nominee/s payable against registration of transfer free of exchange at Pretoria.
2.This Agreement is subject to the Purchaser being able to raise a loan, on the security of a first mortgage bond over theUnit, for the sum of R ______
(______Rand)
from a Bank at prevailing interest rates and conditions. Such a loan shall be applied for within 2 (two) workingdays of the date of signature hereof. The Purchaser hereby specifically authorizes the Seller to apply for such a loan on his behalf, at a financial institution of the Seller’s choice. The Purchaser hereby agrees to furnish the Seller with all financial information within 7 (seven) working days of being requested to do so for the purpose of obtaining the said bond. Should this bond not be for the full purchase price less deposit, the Purchaser hereby confirms that the balance purchase price will be available within 48 (forty eight) hours of the transferring attorney requesting such balance purchase price.
3.The Seller shall pay all cost of transfer, provided the transaction is registered by the
Seller’s Conveyancers. If the loan referred to in clause 2 is approved by ______,the Seller shall also pay the cost ofregistration of such a bond), provided such bond is registered by the Seller’s Conveyancers. Any bond initiation fees charged by the bank shall be for the account of the Purchaser.
The Purchaser hereby authorises the transferring conveyancer to sign any documentation regarding transfer duty exemption as well as documents regarding home owners associations as his representative.
4.Occupation of the section shall be given to the Purchaser ______.Should this date change the Seller shall notify the Purchaser in writing not less than 30 (thirty) days prior to the expected date of occupation, that the section will be practically completed by a date stated in the notice, which date will then be the date on which the right to occupy the section and on which the risk, profit and loss of the Unit will pass to the Purchaser.
5.During the week before occupation, an appointment will be scheduled between the Purchaser and a representative of the Seller to review the Unit. The Seller will have 60 days to attend to any items listed on the review list.The Seller will remain responsible for any structural problems in the Unit for a period of 60 (sixty) months from date of registration.
6.As from the date of occupation, the Purchaser shall pay to the Seller occupational rental in the amount of R______(______
______Rand)
per month, pro rata monthly in advance, up to date of transfer, notwithstanding any other provision of this agreement.
7.If occupation is given to the Purchaser before the date of transfer, the Purchaser shall not be entitled to make any alterations or additions to the section before transfer.
8.The Purchaser may not resell the Unit prior to registration of transfer.
9.It is recorded that after the review by the Purchaser as contemplated in clause 5 (five), no part of the purchase price may be withheld or deducted from the payments due in terms of clause 1 (one), as a retention or for any other reason. The Purchaser takes note that this Unit may be part of a phased development as contemplated in Section 25(1) of Sectional Titles Act 95 of 1986 (as amended).
10.Should the Purchaser fail to make any payments provided for herein, or otherwise commit a breach of any of the conditions hereof, and remain in default for 7 (SEVEN) working days after dispatch of a written notice by registered post, requiring him to make such payment or to remedy any other breach, the Seller shall be entitled to, and without prejudice to any other rights available at law:
10.1Claim immediate payment of the entire balance outstanding although not otherwise due by the Purchaser under this Deed of Sale; or
10.2Cancel this Deed of Sale and retain all amounts paid by the Purchaser as rouwkoop or a genuine pre-estimate of damage suffered by the Seller, and furthermore the Purchaser shall not be entitled to compensation from the Seller for any improvements of whatsoever nature he may have caused on the property, whether with or without the Seller’s consent and claim payment of the arrear installments due under this Deed of Sale, which will be regarded as a portion of the pre-estimated damage.
10.3Alternative to the above, the Seller shall be entitled to cancel this Deed of Sale and to recover any damage that he may have suffered as a result of the breach of the Purchaser, from the Purchaser.
11.1If the Purchaser is acting on behalf of a Company / Close Corporation to be formed or nominated and if the Company / Close Corporation is thereafter formed or nominated and duly adopts and ratifies the sale, or if the Purchaser acts for an existing Company / Close Corporation or Trust then the signatory by virtue of his signature hereto binds himself as surety and co-principal debtor in solidum jointly and severally with the Company / Close Corporation or Trust for the due and punctual fulfillment of all the terms and conditions of this agreement.
11.2The Purchaser shall furnish the transferring attorney with full particulars of the Close Corporation / Company duly formed within 14 days of acceptance of this offer. Should the Purchaser fail to do so, he hereby elects to take transfer of the property into his own name. In the event of there being more than one Purchaser then they will be jointly and severally liable for all obligations in terms of this agreement.
12.This offer is irrevocable and expires at midnight on ______and is binding upon acceptance hereof by or on behalf of the Seller.
13.The Seller reserves the right to cede this development to another company in the M&T Development Group. The Seller guarantees that all of the Purchaser’s rights will be reserved and guarantees no negative impact on the Purchaser. Should the Purchaser be required, he will sign any document required to effect this cession.
14.The page containing the Purchaser’s information forms part and parcel of this agreement.
Any addendum/s to agreement? No_____ Yes___If yes,
Specify:______
______
15.SPECIAL CONDITIONS: ______
SIGNED BY THE PURCHASER AT ______on______20_____
______
PURCHASER
______
SIGNATURE: SURETY AND CO-PRINCIPAL DEBTOR
SIGNED BY THE SELLER ATCENTURION ON ______20______
______
SELLER / REPRESENTATIVE
01/02/15