Ground Floor, Block A, De Wagenweg Office Park, Stellentia Road, Stellenbosch, 7600

Transcription

1 OFFER TO PURCHASE I/We, the undersigned, Registration/identity number: Address : Tel no : Address: (Hereinafter referred to as the Purchaser) hereby offers to purchase, the following Property: Erf Stilbaai Wes, situate in the Hessequa Municipality, Division of Riversdale, Western Cape Province Measuring: m 2 as will more fully appear from General Plan LG no. 2591/2007 (Hereinafter referred to as the Property) from Andoja Investments Pty Ltd Registration Number 1997/011554/07 VAT Number Address : Tel no : address: jaco@atmg.co.za (Hereinafter referred to as the Seller) Ground Floor, Block A, De Wagenweg Office Park, Stellentia Road, Stellenbosch, PURCHASE PRICE AND PAYMENT 1.1 The purchase price payable by the Purchaser to the Seller is R ( Rand) including VAT. 1.2 The Purchaser pays or arranges payment of the aforesaid purchase price to the Seller, its administrators or nominee as follows: the full purchase price, is payable in cash on date of registration of the Property in the name of the Purchaser, without deduction, in South African currency The Purchaser shall furnish the conveyancer within 14 ( fourteen) days from date of signature of the Agreement with a bank or other guarantee to the satisfaction of the conveyancer, which guarantee shall be payable at Stellenbosch on date of registration of the Property in the name of the Purchaser, alternatively the Purchaser may pay the full purchase price into the trust account of the conveyancer, of which the details are: Leon Frank & Partners Attorneys, ABSA Strand branch, Account number: , Branch code:

2 The parties hereby consent to and instruct the conveyancer to deposit any money received from the Purchaser in an interest bearing account containing a reference to Section 78 (2A) of the Attorneys Act. On date of registration the capital amount shall be paid to the Seller and the interest accrued shall be paid to the Purchaser less the administration fee of 10% of the interest. 2. POSSESSION Possession of the Property shall be given by the Seller to the Purchaser on date of registration of the Property in the name of the Purchaser. 3. SPECIAL CONDITIONS The Purchaser is hereby informed that the Property forms part of a group housing development for which a Home Owners Association (HOA) has been established, and the constitution of the HOA contains, amongst others, the following: 3.1 Each Purchaser shall become a member of the HOA on registration of the transfer and remains a member as long as the Purchaser is the owner of the Property; 3.2 The Purchaser, by signing this Agreement, accepts the terms and conditions of the HOA and undertakes to comply therewith; 3.3 The Purchaser shall only be entitled to transfer the Property to a further Purchaser after obtaining a certificate from the HOA in which it is confirmed that the Purchaser has complied with all the terms and conditions of the HOA, and does not owe the HOA any money; 3.4 This condition shall be registered against the Title Deed to ensure that any successors in title are bound thereby; 3.5 In the event of the Purchaser alienating the Property in any way, the Purchaser shall be obliged to pay an amount equal to 7,5% (seven comma five percent) of the gross selling price or in instances where the Property is not sold or the selling price is less than the reasonable market value of the Property, the market value of the Property, whichever the greater, to the HOA on date of registration of the Property in the name of the third party. This amount shall be applied by the HOA as follows: ,5% (two comma five percent) to be retained by the HOA in the levy fund; % (five percent) to be paid to the company supplying the medical services. 3.6 The same conditions contained in 3.5 shall be applicable in the event of an alienation of shares in a company, membership in a close corporation or the transfer of rights to beneficiaries in the event of a trust where the Property is registered in the name of a company, close corporation or trust; 3.7 The HOA shall be entitled to include this amount in the amount when requested for the issue of a certificate referred to in 3.3; 3.8 The Purchaser hereby gives an irrevocable authorization to the conveyancer attending to the registration of the transaction referred to in clauses 3.5 or 3.6 to issue an undertaking to the HOA for the payment of the amount referred to in 3.5 and also for the payment to the HOA from the proceeds of the transaction on date of registration of that transfer; 3.9 The Purchaser is obliged to include the terms and conditions of this clause 3 in any contract entered into with a successor in title.

3 3 4. TRANSFER COSTS The Seller is liable for the payment of the conveyancing fees pertaining to the registration of the Property, and all other expenses, payable by the Seller to the conveyancer within 7 (seven) days from the date of request for payment. 5. TRANSFER Transfer of the Property from the Seller to the Purchaser shall be effected by attorney Leon Frank & Partners within a reasonable period after all suspensive conditions have been met or in the absence of suspensive conditions, the date of signature of the Agreement and the parties undertake to provide all the information requested by the transferring attorneys to draft the transfer documents and to sign same within 7(seven) days from being requested to do so. 6. RATES AND TAXES The Purchaser is liable for payment of a pro-rata portion of the rates, taxes and/or any other service charges payable to any government authority regarding the Property, from date of possession, which amount is payable on request and submission of the assessment. 7. VOETSTOOTS 7.1 The Property is sold : to the extent as it now lies, voetstoots, without any warranties whether express or implied and the Seller shall not be liable for any defects whether latent or otherwise in the Property nor for any damages suffered by the Purchaser by reason of such defects; and subject to all conditions and servitudes mentioned or referred to in the current and/or prior title deeds of the Property. 7.2 The Purchaser acknowledges that : it has acquainted itself with the nature, condition, beacons, extent and locality of the Property; and it will have no claim whatsoever against the Seller for any deficiency in the size of the Property which may be revealed on any re-survey nor shall the Seller benefit from any possible excess; and the Seller has made no representations regarding the Property other than contained in this Agreement. 8. SUSPENSIVE CONDITION This Agreement is subject to the following suspensive condition(s) : Approval of bond The Purchaser obtains approval, by not later than ( ) days after the date of signature of this Agreement for a loan from a bank or other recognised financial Institution of not less than R ( rand) on the following conditions: 8.1 upon the security of a first mortgage bond to be registered over the Property; 8.2 at such rates of interest and on such conditions as are stipulated by the Institution/s to which application/s for the loan is/are made.

4 4 Waiver of conditions 8.3 The Purchaser may, at any time prior to the fulfilment of any suspensive condition contained in this Agreement, advise the Seller in writing that he waives the benefit of such condition, in which event this Agreement will no longer be subject to such condition. 8.4 Should any suspensive condition contained in this Agreement not be timeously fulfilled, the entire Agreement shall automatically lapse and be of no further force or effect. In such event all amounts paid by the Purchaser shall be refunded to him together with any interest that has accrued thereon. 9. AGENT'S COMMISSION 9.1 The parties hereby confirm that the Seller is liable for agent s commission calculated at 5 (five percent), including VAT, of the purchase price of the Property to:. The Purchaser guarantees that he was not introduced to the Property or the Seller by another agent and hereby indemnifies the Seller against any claim for commission which may arise as a result of the presentation of the Property by another agent without the knowledge of the Seller. 9.2 The parties hereby record that the payment to the agent referred to in 9.1 is an Agreement in favour of a third party, which is accepted by the agent by the agent s signature at the end of this Agreement. 9.3 If this Agreement is cancelled by Agreement by the parties, the parties shall be jointly liable for the payment of the agent s commission. 9.4 If the Agreement is cancelled by any one of the parties, the party in default shall be liable for the payment of the agent s commission regardless of the terms in clause The agent shall be entitled to the commission as soon as all the suspensive conditions have been complied with and the conveyancer is hereby authorized to pay the commission to the agent on date of registration. 10. BREACH 10.1 In the event of either one of the parties ( the defaulting party ) committing a breach of any of the terms of this Agreement and failing to remedy such breach within a period of 7 (seven) days after receipt of a written notice from the other party ( the aggrieved party ) calling upon the defaulting party to remedy the breach complained of, then the aggrieved party shall be entitled at its sole discretion and without prejudice to any of its rights in law, either: to claim specific performance of the terms of this Agreement; or to cancel this Agreement forthwith and claim and recover any damages suffered, from the defaulting party Any notice given by one of the parties to the other ( the addressee ) which is delivered by hand to the addressee's domicilium citandi et executandi shall be presumed until the contrary is proved to have been received by the addressee on the date of delivery; or is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at the addressee's domicilium citandi et

5 5 executandi shall be presumed until the contrary is proved to have been received by the addressee on the fifth day after the date of posting; is delivered by to the addressee's address shall be presumed until the contrary is proved to have been received by the addressee on the date of successful sending Either party shall be entitled, on written notice to the other, to change the address of his domicilium citandi et executandi. 11. SARS As a result of a risk analyses done by SARS on both the Seller and the Purchaser with regard to all property transactions, both parties guarantee each other that all aspects pertaining to their tax affairs (personal or otherwise), including, but not limited to income tax returns are submitted and payments made. In the event of one party not complying with the aforesaid, that party shall be liable to all costs incurred or damages suffered as a result of such noncompliance. The aggrieved party shall be entitled to place the defaulting party on terms as set out in 10 above and in the event of the defaulting party failing to remedy the breach the aggrieved party shall have the same rights as set out in 10 above. 12. CAPACITY OF PARTIES The person signing this Agreement as the duly authorised agent for a company or close corporation, shall be regarded as being properly authorised and hereby interposes and binds himself in his personal capacity in favour of the other party as surety for and co-principal debtor in solidum with such company or close corporation for the due and timeous performance by it of all of its obligations in terms of this Agreement. 13. DOMICILIUM It is hereby agreed that the parties choose the addresses listed beneath their names on page 1 of the Agreement for the purpose of delivery of all notices in terms of this Agreement. Each party shall be entitled to change their domicilium by written notice to the other party. 14. JURISDICTION The parties hereby agree to the jurisdiction of the Magistrate's Court as contemplated in Section 45 of Act 32 of 1944, as amended, regarding any action flowing from this Agreement, without derogating from the right which the aggrieved party has to institute action in the relevant High Court. 15. BUILDING REQUIREMENTS 15.1 No building or structure may be erected on the property and the external appearance (including the colour) or any existing or future building or structure may not be changed unless the architectural design plans and specifications (including materials) of such building or structure is approved by the development architect Election and approval of any building plans shall be sought in accordance with the procedure as set out by the development s architect and the rules of the HOA All buildings and structures shall be erected in a good and proper workmanlike manner and strictly in accordance with the plans and specifications approved in accordance with clause 15.1 above All building contractors and construction workers to be employed by the Purchaser to undertake building works in respect of the property, have to be approved by the developer of the development or its nominee prior to appointment The property and all improvements thereon shall be kept and maintained in a neat and tidy condition to the satisfaction of the HOA.

6 6 16. BUILDING OPERATIONS 16.1 The purchaser and/or his successors in title shall, within a period of 12 months after the date of registration of transfer ( or such later date as the HOA may direct in writing), commence building operations in respect of a dwelling house on the property( the plans and specifications of which shall have been approved in terms of clause 15.1 above) and complete same within a period of 24 months after the date of registration of transfer ( or such later date as the HOA may direct in writing If the purchaser and/or his successors in title fail to comply with the provisions of clause 16.1, the HOA shall be entitled, without prejudice to any other rights which it may have in terms of this Agreement or in terms of its constitution or at law and at its election, to impose a penalty levy upon the purchaser, equal to 3 (three) times the ordinary levy imposed on owners of erven within the development. Such penalty levy shall be payable monthly, for as long as the purchaser is in default of the provisions of clause The reason for the imposition of this penalty levy is to motivate owners to commence and complete building works on their properties as soon as possible after they have taken transfer thereof in order to establish a community of completed dwellings. The purchaser agrees that the above motivation and the increased penalty levy is fair and reasonable. 17. GENERAL 17.1 The parties undertake to do all such things as may be necessary, incidental or conducive to the implementation of the terms, conditions and imports of this Agreement This Agreement constitutes the sole and entire Agreement between the parties and no warranties, representations, guarantees or other terms and conditions of whatsoever nature not contained or recorded herein shall be of any force or effect. Without limiting the generality of this condition it is specifically agreed that the Seller does not warrant that the Property may be used by the Purchaser for the purposes which the Purchaser intends No variation of the terms and conditions of this Agreement or any consensual cancellation thereof shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives No indulgence which either party ( the grantor ) may grant to the other ( the grantee ) shall constitute a waiver of any of the rights of the grantor who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future The Seller warrants that the amount referred to in 1 above is the true purchase price in respect of the Property and that no other consideration is involved between the parties, directly or indirectly, in respect of the acquisition of the Property. 18. SIGNATURE 18.1 The Purchaser acknowledges that his signature hereto constitutes an offer by him to purchase the Property on the terms and conditions set out herein, which offer shall remain irrevocable until 16:00 on and available for acceptance by the Seller at any time prior thereto This Agreement shall be duly concluded upon timeous signature by the Seller and its validity shall in no way be dependent upon the fact of such signature being communicated to the Purchaser.

7 7 SIGNED at AS WITNESSES : on PURCHASER SIGNED at AS WITNESSES : on SELLER SIGNED at on as acceptance of the terms negotiated in my favour:... AGENT