DEED OF SALE MEMORANDUM OF AGREEMENT OF SALE ENTERED INTO BY AND BETWEEN:

Transcription

1 DEED: erf 17 (G2 STANDS. 8/9/2014) DEED OF SALE MEMORANDUM OF AGREEMENT OF SALE ENTERED INTO BY AND BETWEEN: LEOPIET ONTWIKKELING EIENDOMS BEPERK REGISTRATION NUMBER: 1996 / / 07 Herein represented by LEON ERNST FOURIE duly authorized thereto. (herein after referred to as the "SELLER") AND Identity Number : And Identity Number : (MARRIED/UNMARRIED) (herein after referred to as the PURCHASER") ERF 17 ELLISRAS EXTENSION 137 TOWNSHIP REGISTRATION DIVISION L.Q. LIMPOPO PROVINCE Measuring: ( ) Square Meters (an G2 property) (herein after referred to as the "PROPERTY") Held by CERTIFICATE OF REGISTERED TITLE T 6845/2013 and GENERAL PLAN LG 571/2011 subject to conditions contained therein or referred to, presently unimproved property, as pointed out to the PURCHASER subject to the

2 -2- following further conditions The agreed selling price for the vacant stand / property amounts to R (FIVE HUNDRED AND FORTY FIVE THOUSAND RAND) (INCLUDING VAT) and Transfer Costs, and will be payable in cash to the Transferring Attorneys, Gys Vlok and Els. within 30 (THIRTY DAYS) after date of signature by both parties in this matter, for which the SELLER S Attorneys will invest the purchase price on an interest bearing account for credit of the SELLER. Banking Details - (GYS VLOK EN ELS, STANDARD BANK TRUST ACCOUNT NUMBER , BRANCH CODE , REF: 17 ). 1.2 In the event that the PURCHASER obtain a building loan which includes the vacant stand/ property s full purchase price the PURCHASER S Bond Attorneys will supply Gys Vlok and Els Attorneys with written proof of the approved loan as well as bank approved guarantees in favour of GYS VLOK AND ELS (see paragraph 1.1 for banking details) for the full purchase price for the stand/ property, within 45 (FOURTY FIVE) days from signature hereof by both parties. 1.3 All payments in terms hereof shall be effected free of bank and exchange costs and will be payable at ELLISRAS or such other venue within the Republic of South Africa as the SELLER may point out in writing

3 The PURCHASER will obtain possession and occupation of the property on date of receipt of the full purchase price by the Transferring Attorneys - Gys Vlok and Els of Ellisras, 2.2 In the event that the PURCHASER obtain a building loan which includes the vacant stand/ property s full purchase price the PURCHASER will only be able to obtain possession and occupation of the property on date of registration from which date the risk of profit and loss in respect of the property hereby sold will be transferred to the PURCHASER and from which date the PURCHASER accepts liability for payment of all rates and taxes on the property The PURCHASER will be liable for mortgage bond registration costs, and all further costs incidental thereto, which costs will be payable on demand. 3.2 It is recorded that Transfer of the property in the name of the PURCHASER will be effected by attorneys Gys Vlok & Els, 3 Magol Street, Ellisras, Limpopo Province, and it s also been recorded that the amount in paragraph 1.1 supra include all transfer costs and VAT in this matter The Parties agree that the Consumer protection act 68 of 2008 is applicable to this transaction and that both parties rights/responsibilities in terms of the abovementioned Act has been brought under their attention. See Annexure A and B.

4 The PURCHASER has the right in terms of Section 2A of Act 68 of 1981 to cancel this agreement in writing within 5(five) days after signature of the last party to this agreement and will be refunded any money already paid This agreement constitutes the full agreement between the parties and no agreement at variance with the terms and conditions of this agreement shall be binding on the parties unless contained in writing and signed by the parties thereto, and any indulgence which the SELLER may show or grant to the PURCHASER and more particularly any act of the SELLER in accepting a lesser sum than the amount due, shall not in any way prejudice the SELLER'S rights, or be construed as a waiver or novation of same by the SELLER. 5.2 Should the property be described incorrectly, such fault will not be binding on the parties, but the description as set out in the SELLER'S property title deed shall be binding and the parties agree hereby to the amendment of the agreement to correspond with the intention of the parties. 6. The parties hereto choose as domicilium citandi et executandi for all purposes hereunder including receipt of notices at the addresses mentioned herein after: The SELLER at: Postal address: LEOPIET ONTWIKKELING p/a GYS VLOK EN ELS PO BOX 117 ELLISRAS 0555 Tel : (w)

5 -5- Tel: (h) Cell ; Fax: address: mirandap@gysvlok.co.za The PURCHASER at: Postal address: Tel : (w) Tel: (h) Cell ; Fax: ( ) address: Any notice to either parties in terms thereof shall be in writing and if delivered to the party personally or at his domicilium it shall be deemed to be delivered on the date of such delivery and if despatched by pre-paid registered to these domicilium, it shall be deemed to be delivered 3 (THREE) days after date of posting, unless the contrary is proved. 7. The parties hereto consent in terms of section 45 of Act 32 of 1944 to the jurisdiction of the Magistrate's Court in respect of any action which any party may institute against the other party in terms of this agreement and the parties further agree that legal costs at an attorney and client scale will be payable to the successful party by the unsuccessful party in case of institution of legal proceedings, including collection commission at the then applicable rate. 8. If the PURCHASER fails to pay any monies due in terms of this agreement or deliver any guarantees as mentioned above on due date, or commits any breach of a material term of this agreement and fails to make payment or remedy such breach within 20 (TWENTY) days after receipt of written notice from the

6 -6- SELLER, or the SELLER'S attorneys, requiring the PURCHASER to do so, then the SELLER shall have the right: 8.1 To cancel and put an end to this agreement and to re-enter and take control and occupation of the aforementioned property in which event the PURCHASER shall forfeit all monies paid to the date of cancellation in terms of section 1 of the Conventional Penalties Act 15 of 1962 and shall immediately vacate the said premises and shall have no claim of whatsoever nature against the SELLER; or 8.2 Alternatively at the option of the SELLER, it shall be entitled to claim payment of the full balance of the purchase price then outstanding which shall immediately become due and payable and claim payment thereof, together with interest at the rate of 15,5% per annum from the date on which such payment became due and payable until date of payment thereof; 8.3 The remedies afforded to the SELLER as hereinbefore stated, shall in no way affect any claim of whatsoever nature which the SELLER might have against the PURCHASER for damages or any other claim, and in the event of the SELLER revoking his remedies as hereinbefore stated, same shall not be regarded as a waiver, either expressly of impliedly, of any other claim which the SELLER might have against the PURCHASER; 8.4 The remedies afforded to the SELLER as herein before stated, shall in the appropriate manner be available to the PURCHASER in case the SELLER commits any breach of a material terms of this agreement.

7 -7- THUS DONE AND SIGNED at on this day of 20 AS WITNESSES: 1. SELLER 2. THUS DONE AND SIGNED at on this day of 20 AS WITNESSES: 1. PURCHASER 2. PURCHASER