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The Agreement Of Sale Of Immovable Property is a fundamental legal document used in South African property transactions to formalize the transfer of ownership of real estate from a seller to a purchaser. This agreement must comply with the Alienation of Land Act 68 of 1981, which requires all property sales to be in writing and signed by all parties. The document is typically used in both residential and commercial property transactions and must include specific details about the property, parties involved, purchase price, payment terms, and transfer arrangements. It serves as the primary document for property registration at the Deeds Office and forms the basis for the transfer process handled by conveyancing attorneys. The agreement must also address various compliance requirements unique to South African property law, including transfer duty obligations, rates clearance certificates, and mandatory compliance certificates.

1. Parties: Full details of the Seller and Purchaser including legal names, registration/identity numbers, and contact details

2. Background: Brief context of the sale and confirmation that the Seller is the registered owner of the property

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Property Description: Detailed description of the property including erf number, physical address, size, and registration division

5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Details of how and when payments will be made, including deposit arrangements and guarantee requirements

7. Transfer and Registration: Provisions regarding transfer of the property, appointment of conveyancers, and registration procedures

8. Possession and Occupation: Date of occupation, occupational rent if applicable, and conditions of possession

9. Compliance Certificates: Requirements for electrical, gas, electric fence, and beetle certificates as required by law

10. Risk and Insurance: Transfer of risk and responsibility for insurance of the property

11. Warranties: Standard warranties by both parties including the Seller's right to sell and disclosure of defects

12. Agent's Commission: Details of estate agent's commission if applicable

13. Breach: Consequences and remedies in case of breach by either party

14. Notices and Domicilia: Legal addresses for service of notices and communication requirements

15. General Terms: Standard legal provisions including whole agreement, variation, and governing law clauses

16. Signatures: Execution clause and signature blocks for all parties