Page 1 of 17 Every Party to this Agreement and all Witnesses must place their initials in or around this box. Version #3 – 25-10-2016 . DEED OF ALIENATION “JOZINI TIGER ESTATE” ERF ________________, JOZINI. SCHEDULE A ITEM DESCRIPTION DEFINITION 1 THE PURCHASER: 1. 2. 1A THE PURCHASERS MARITAL STATUS IN COMM OUT COMM UNMARRIED 1B THE PURCHASER’S ID NO / REG NO: 1. 2. 1C PURCHASER’S INCOME TAX NO 1. 2. 2 PURCHASER’S POSTAL ADDRESS 3 PURCHASER’S PHYSICAL ADDRESS: 4 PURCHASER’S CONTACT DETAILS: Tel: Cell: Fax: Email:
Transcript
Page 1 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
DEED OF ALIENATION
“JOZINI TIGER ESTATE”
ERF ________________, JOZINI.
SCHEDULE A
ITEM DESCRIPTION DEFINITION
1 THE PURCHASER:
1.
2.
1A THE PURCHASERS MARITAL
STATUS IN COMM OUT COMM UNMARRIED
1B THE PURCHASER’S ID NO /
REG NO:
1.
2.
1C PURCHASER’S INCOME TAX
NO
1.
2.
2 PURCHASER’S POSTAL
ADDRESS
3 PURCHASER’S PHYSICAL
ADDRESS:
4 PURCHASER’S CONTACT
DETAILS:
Tel:
Cell:
Fax:
Email:
Page 2 of 17
Every Party to this Agreement and all Witnesses must place
Natal, in extent approximately ____________ square
metres shown on the general plan referred to in clause
2.1.1.
6 PURCHASE PRICE: R_______________________________ INCLUDING VAT
(____________________________________ Rand)
7 DEPOSIT
7.1 R____________( ____________________________)
Upon signature of the agreement and
7.2 R ____________ ( ___________________________)
LOAN REQUIREMENT R ____________________________________________
(_____________________________________Rand)
9 ESTATE AGENT
10 SELLER
New Order Investments 197 (Pty) Ltd Registration no.
2010/003260/07 herein represented by C Brecher duly
authorized thereto
Page 3 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
THE AGREEMENT
The Parties to this agreement are:
NEW ORDER INVESTMENTS 197 (PTY) LTD Registration number 2010/003260/07
(hereinafter referred to as the “Seller”)
and
_______________________________________
The party referred to in 1 of Schedule A hereto.
(hereinafter referred to as the “Purchaser”)
CONSUMER PROTECTION ACT:
Notification is hereby given to the Purchaser in terms of Section 49 of the Consumer Protection Act of the provisions of Clauses 3,4,5,7,10,11,12,13,16 and 17 of the Sale Agreement because these clauses:-
1.1 Limit the risk or liability of the Seller;
1.2 Constitute an assumption of risk or liability by the Purchaser;
1.3 Impose an obligation on the Purchaser to indemnify the Seller;
1.4 Constitute an acknowledgement of fact by the Purchaser;
1.5 Are of an unusual character or nature; and/or
1.6 Are such that the Purchaser could not reasonably be expected to be aware or
notice;
Which clauses are highlighted in bold print and contain an explanatory note of the fact, nature and effect of the provision in question. The Purchaser is given notice to read these provisions and if necessary obtain legal advice in order for the Purchaser to be aware of the full meaning, effect and consequences of such clauses before the Purchaser signs this Agreement. The Purchaser by initialling at the place provided therefore, next to the clause in question, agrees to the clause in question.
[Note: The Purchaser, by the Purchaser's initials at the place provided therefore, hereby agrees to the provisions of this clause]
Page 4 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
1 INTERPRETATION AND DEFINITIONS
1.1 Unless the context in which the word is used obviously gives it another meaning,
whenever a word is used in this agreement to:
1.1.1 describe one gender it will also mean the other genders,
1.1.2 denote the singular it will also mean the plural of that word and vice versa,
and
1.1.3 refer to a natural person, it will also mean a juristic person, as well as the state
and local government, and vice versa.
1.2 The Schedule is an integral part of this agreement and must be interpreted as such.
1.3 The following words have the meanings given them, unless the context in which the word
is used obviously gives it another meaning:
1.3.1 ‘conveyancer’ means KLOPPERS DURBAN INCORPORATED appointed by the
Seller;
1.3.2 ‘date of sale’ is, the date of signature of the agreement by the Seller.
1.3.3 ‘deposit’ means the amount stated in Item 7 of the Schedule;
1.3.4 ‘estate agent’ means the Estate Agent identified in Item 9 of the Schedule;
1.3.5 ‘loan requirement’ is the amount stated in Item 8 of the Schedule;
1.3.6 ‘occupation date’ means the date on which the Purchaser shall take
occupation of the site which shall not be prior to date of registration of the
property into the name of the Purchaser.
1.3.7 ‘Purchaser’ means the person or entity described in Item 1 of the Schedule;
1.3.8 ‘Purchase Price’ means the total amount stated in Item 6 of the Schedule;
1.3.9 ‘Seller’ means New Order Investments 197 (Pty) Ltd, Registration No
2010/003260/07;
1.3.10 Seller’s physical address’ means the address stated in clause 16.5. hereof;
Page 5 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
1.3.11 ‘site’ means the land described in Item 5 of the Schedule, and
1.3.12 ‘JTEHOA’ means the Jozini Tiger Estates Home Owners Association referred to
in clause 13.1.
1.4 In this agreement, unless the context clearly means otherwise:
1.4.1 any reference to an enactment is to that enactment at the date of signature
of this agreement and as amended or re-enacted from time to time,
1.4.2 if any provision in a definition in this clause is a substantive provision
conferring rights or imposing obligations on any party, notwithstanding that
it is only a definition clause, effect shall be given to it as if it were a substantive
provision in the body of the agreement,
1.4.3 whenever any number of days is prescribed, such period shall be reckoned to
exclude the first day and include the last day, unless the last day falls on a
Saturday, Sunday or public holiday, in which case the last day shall be the
immediately succeeding day which is not a Saturday, Sunday or public holiday,
1.4.4 where figures are referred to in numerals and words, if there is a discrepancy
between the two, then the words shall prevail, and
1.4.5 expressions shall bear the same meaning in schedules or annexures unless
they contain their own definitions.
1.5 The termination of this agreement, whether by effluxion of time or any other reason
whatsoever, shall not affect or terminate the provisions of this agreement that expressly
or by necessary implication provide that they will operate after such termination,
notwithstanding the fact that such provision does not expressly provide for this.
1.6 Generally words preceded or followed by words such as “other” or including” or
“particularly” shall not be given a restrictive meaning because they are preceded or
followed by a particular example intended to fall within in the meaning of the general
words.
1.7 The Purchaser’s attention is drawn to section 29A of the Alienation of Land Act, No 68 of
1981.
Page 6 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
2 THE SALE.
2.1 The Seller sells and the Purchaser purchases the site subject to and in accordance with the
provisions of this agreement.
3 MORTGAGE BOND
3.1 The Seller and the Purchaser record that the Purchaser requires a loan in the amount
stated in Item 8 of the Schedule.
3.2 The agreement is conditional on the Purchaser being granted a loan by a recognised bank
or other financial institution on the security of a registered Mortgage Bond over the site
for the loan requirement within 21 calendar days of the sale date.
3.2.1 The Purchaser hereby agrees and undertakes to do all things requisite and
necessary, including signing all or any documents required, in order to apply
for and obtain the said loan.
3.2.2 In the event that the Purchaser is not able, after due and diligent application,
to secure a loan for the amount of the loan requirement within 21 calendar
days of the sale date then this agreement shall lapse and be of no force and
effect.
3.3 This condition will be fulfilled if the loan is approved within the period of calendar 21 days
stated in clause 3.2.
3.4 Should the application for a loan be refused or should the loan be granted for a lesser
amount than the loan required, then the period as set out in 3.2 of this agreement shall
automatically be extended by calendar 14 days within which period the Seller shall have
the right to arrange for an alternative financial institution to advance the loan amount to
the Purchaser. In the event of the Seller being successful in such application then the
Purchaser shall accept such loan, provided that its terms and conditions are generally
consistent with loans granted by recognised financial institutions on the security of
immovable site for residential purposes in South Africa.
3.5 The parties agree that the conveyancer shall be appointed to attend to the registration of
Page 7 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
the Mortgage Bond securing such loan provided that the aforesaid conveyancer is
represented on the panel of the banking institution concerned.
4 THE PAYMENT OF THE PURCHASE PRICE
4.1 The Seller records that the purchase price stated in item 6 of the Schedule is inclusive of
value-added tax.
4.1.1 Notwithstanding anything to the contrary herein contained, in as much as the
purchase price is inclusive of value-added tax and that such tax is currently
determined at the rate of 14%, in the event of the rate at which value-added
tax is chargeable on the transaction recorded in this agreement being
amended after the sale date in circumstances in which the amended rate will
apply to this transaction then the purchase price shall be adjusted accordingly
and any additional value-added tax shall be paid by the Purchaser to the Seller
immediately upon demand by the Conveyancer.
4.2 The Purchaser shall pay the deposit as set out in 7.1 of the Schedule in trust to the
Conveyancers upon signature of the agreement. Which amount shall be invested in an
interest bearing account pursuant to the provisions of Section 78(2)A of the Attorneys Act
53 of 1979 and the interest earned on such deposit shall accrue for the benefit of the
Purchaser.;
4.2.1 The balance of the purchase price for the land, less the deposit, shall be paid
in cash to the Seller against registration of the transfer of the site into the
name of the Purchaser.
4.3 The Purchaser shall provide the Conveyancer with a written guarantee, in a form
acceptable to the Seller, for payment of the balance of the purchase price referred to in
clause 4.2.1 against registration of the transfer of the site into the name of the Purchaser,
such guarantee to be in the hands of the conveyancer not later than 15 days after the
expiry of the period of 21 days referred to in clause 3.3 or any extended date determined
in terms of clauses 3.4 or alternatively
4.4 The Purchaser shall pay the balance of the Purchase Price as set out in the ‘payment plan’
Page 8 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
addendum attached hereto. (DELETE IF NOT APPLICABLE)
5 TRANSFER OF THE SITE
5.1 The Seller shall cause the Conveyancer to proceed with the registration of the transfer of
the site to the Purchaser immediately but not before:
5.1.1 the deposit has been paid as required by clause 4.2;
5.1.2 the guarantee referred to in clause 4.3 has been delivered to the Seller and is
acceptable to it;
5.1.3 the amounts referred to in clause 5.2 have been paid;
5.2 The conveyancer shall call for and the Purchaser shall pay the following amounts to the
conveyancer prior to or simultaneously with the delivery of the guarantee referred to in
clause 4.3:
5.2.1 The estimated costs incidental to the preparation and registration of the
transfer of the site and the mortgage bond, which shall be based on the
KwaZulu-Natal Law Society guidelines, and including deeds office fees and
Value Added Tax thereon;
5.2.2 The estimated levy and other charges payable to the JTEHOA for the first
month or part thereof after such registration of transfer; and
5.2.3 An estimated amount necessary to refund to the Seller any pre-paid site rates
paid in respect of the site, if any.
5.3 Transfer of the site shall be effected by the Seller's Conveyancers within a reasonable time
after the Purchaser has complied with his obligations in terms hereof.
6 OCCUPATION OF SITE
6.1 The Purchaser shall take occupation of the site upon the date of registration of transfer of
Page 9 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
the site into the name of the Purchaser, unless the Seller and the Purchaser in writing
agree on any other date which agreement shall, if the parties so agree, include provisions
for the payment of occupational interest.
6.2 All risk in and to the site and all the benefits and obligations of ownership, including
liability for the payment of any rates and taxes levied on the land as well as any levies or
other charges due to the JTEHOA, shall pass to the Purchaser on the occupation date.
7 MORA INTEREST AND LATE PAYMENTS
If the Purchaser is late with the payment of any amount required to be paid under and in
terms of this agreement, or in the event of the Purchaser being liable in law to pay mora
interest on any amount under or arising from this agreement then such interest shall be
a rate equal to the ABSA Bank Limited's prime overdraft rate plus 5 per centum per annum
on the Purchase Price.
8 CONVEYANCER
All conveyancing required to be undertaken in terms of this agreement shall be done by
the conveyancer.
9 THE AGENT
The Seller and the Purchaser record that this sale has been brought about by the estate
agent as set out in 9 of the schedule and shall be paid a commission as agreed upon
between the agent and the Seller, which commission shall be payable on registration of
transfer of the site to the Purchaser.
10 RATES AND LEVIES
From the date of registration of transfer of the site to the Purchaser, the Purchaser shall
be liable to pay all rates and taxes to the Jozini Municipality in terms of the Local
Page 10 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
Government Municipal Property Act and a monthly levy as determined by the JTE HOA, to
the JTEHOA for common water and electricity, insurance premiums, levies and other costs
payable in respect thereof.
11 VOETSTOOTS, CONDITIONS, WARRANTIES & INDEMNITY
11.1 Subject to the provisions of the Consumer Protection Act No 68 of 2008, the site is
purchased and sold voetstoots.
11.2 The site is purchased subject to all conditions and servitudes referred to in or registered
against the Title Deeds of the site, and to such conditions as are imposed by the developer,
the Jozini Municipality or any other authority and subject to the Rules of the JTEHOA
11.3 The Purchaser acknowledges having made himself fully acquainted with the site, its
nature, situation and extent and of all conditions referred to in clause 12.2.
11.4 The Seller does not warrant any information given in respect of the site, whether such
information is given prior to or subsequent to the signature of this Agreement save for
such information in respect of the Site specifically warranted in this Agreement.
11.4.1 The Seller shall not be liable for any claim of any nature whatsoever that may
arise due to any inaccuracies in information given by the Seller (save for any
information specifically warranted by this Agreement).
11.5 The final measurements, demarcation and boundaries of the site shall be determined by
the Seller's land surveyor having due regard to the requirements of the Surveyor General,
the Local Authority and any other relevant authority.
12 JOZINI TIGER ESTATE HOME OWNERS ASSOCIATION ("JTEHOA)
12.1 By his signature to this agreement the Purchaser applies for, assumes and accepts
membership of the Jozini Tiger Estate Home Owners Association NPC, in this agreement
abbreviated to JTEHOA, with effect from the date of the registration of the site into his
name, subject to and in accordance with the Memorandum of Incorporation and of the
Rules of the JTEHOA and of any documents referred to therein or associated therewith
which membership shall endure for so long as the Purchaser is the owner, as defined in
Page 11 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
the aforesaid Rules, of the site.
12.2 The parties acknowledge that the site forms part of an exclusive township, access to which
by members of the general public is restricted and the whole of which is controlled by the
JTEHOA.
12.3 The Purchaser records that he is aware that upon transfer of the site into his name he is
ipso facto a member of the JTEHOA and he accepts that the site is subject to the powers,
functions, rights and obligations of the JTEHOA and he assumes liability for contributions
to the fund as established.
12.4 The Purchaser acknowledges and confirms that he has fully acquainted himself with the
terms and conditions of:
12.4.1 The Memorandum of Incorporation of the JTEHOA.
12.4.2 The Rules of the JTEHOA
12.4.3 The Architectural guidelines of the JTEHOA
13 BUILDING
13.1 The provisions of this clause 13.1, 13.2, 13.3, 13.4, 13.5 AND 13.6 shall be inserted as a
Condition of Title when transfer of the site to the Purchaser is effected and shall be in
favour of and enforceable by the Seller and the JTEHOA.
13.2 The site shall be used for residential purposes only.
13.3 The Purchaser shall, within a period of three (3 )years from the date of transfer, complete
the construction of a dwelling on the site which has a minimum floor area of eighty five
(85) square metres (excluding any outbuildings), provided that if the Purchaser fails to
construct such a dwelling within the said three (3) years the Purchaser shall, at the expiry
of the said period be obliged to offer the site for sale to Seller at the same purchase price
as he paid the Seller under this agreement, provided further that if Seller fails to accept a
written offer to sell the site to it within ten (10) days of delivery of such offer to the Seller,
then the Purchaser shall be free to sell the site to whoever ·the Purchaser chooses.(subject
to the provisions of any other conditions contained herein.)
Page 12 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
13.4 The design, construction and occupation of any building to be erected on the site, and any
alteration, extension, refurbishment or addition to any existing building, shall be done
exclusively as provided in Section 6 of the Rules of the JTEHOA with which the Purchaser
acknowledges himself to be aware of.
13.5 The site, or any portion thereof or interest therein shall not be alienated, leased or
otherwise transferred without the prior written consent of Seller and the JTEHOA first
being had and obtained.
13.6 The site, or any portion thereof or interest therein, shall not be used for the purposes of
a Time Share Scheme under the provisions of the Site Time-Share Control Act 75 of 1983
or any such similar schemes without the prior written consent of the JTEHOA.
14 BUILDING CONTRACT
14.1 It is a condition of this agreement that the Purchaser may only use Architects and building
contractors accredited by the JTEHOA.
14.2 The Purchaser agrees to use the standard building contract as approved by the JTEHOA
when contracting with a building contractor to erect a house on the property.
14.3 The Purchaser acknowledges that the development, within which he is
requiring the land, is not fully developed and that building operations will take place upon
adjacent neighbouring stands or erven and that the said building operations may cause
the Purchaser certain inconveniences.
15 JURISDICTION
15.1 For all purposes of all or any proceedings herein, the parties hereby consent to the
jurisdiction of the Magistrates Court otherwise having jurisdiction under Section 28 of the
Magistrates Court Act 1944 as amended, notwithstanding that such proceedings or
otherwise beyond the jurisdiction, this clause shall be deemed to constitute the required
written consent conferring jurisdiction upon the said Court pursuant to Section 45 of the
Magistrates Court Act of 1944 as amended.
Page 13 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
15.2 Notwithstanding the aforegoing the Seller or the Purchaser shall have the right at their
sole discretion and option to institute proceedings in any other competent Court, which
might otherwise have jurisdiction.
16 MISCELLANEOUS AND FURTHER INTERPRETATION
16.1 This agreement constitutes the entire contract between the parties relative to the subject
matter hereof and this agreement cancels any prior agreement between the parties with
regard to the subject matter hereof unless specified to the contrary.
16.2 No variation of any of the terms and conditions of this agreement, including to this clause,
will be binding on the parties unless committed to writing and signed by them
respectively.
16.3 No indulgence that any party may grant to any other shall prejudice or constitute a waiver
of the rights of the grantor, who shall not thereby be precluded from exercising any rights
against the grantee that may have arisen in the past or might arise in the future.
16.4 Provided that the onus shall be on the party giving the notice to prove delivery, any notice
required to be given to the other party under this agreement shall be deemed to have
been received:
16.4.1 immediately if hand delivered to the address of the receiving party recorded
under or in terms of clause 19.5;
16.4.2 within 72 hours of being posted by pre-paid registered post and addressed to
the receiving party at the address recorded in clause 19.5;
16.4.3 immediately if sent by fax at the telefax number of the receiving party
recorded in clause 19.5; and
16.4.4 within 12 hours if sent by electronic mail to the e-mail address provided in
Clause 19.5.
16.5 The parties to this agreement choose domicilium citandi et executandi for all purposes
under this agreement at the following address and contact particulars:
Page 14 of 17
Every Party to this Agreement and all Witnesses must place
their initials in or around this box.
Version #3 – 25-10-2016 .
16.5.1 the Seller:
[a]. physical address at Suite 1, Block B, Albert Lourens Park, 793 Jan Smuts
Highway, Sherwood, Durban, 4091.
[b]. postal address at P O Box 3169, Durban, 4000.
