Ƶ

Buy And Sell Agreement for South Africa

Buy And Sell Agreement Template for South Africa

A Buy and Sell Agreement under South African law is a legally binding contract that documents the terms and conditions for the purchase and sale of assets, business interests, or shares between parties. This agreement outlines the purchase price, payment terms, warranties, representations, and conditions precedent while ensuring compliance with South African legislation including the Companies Act, Consumer Protection Act, and relevant tax laws. The document serves as a comprehensive framework for the transaction, protecting both parties' interests and establishing clear procedures for the transfer of ownership.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Buy And Sell Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Buy And Sell Agreement?

The Buy and Sell Agreement is a crucial document in South African commercial law, used to facilitate and formalize the transfer of ownership in business transactions. This agreement is essential when selling or purchasing business assets, shares, or interests, providing a legally robust framework that protects both parties' interests. It incorporates requirements from South African legislation, including the Companies Act 71 of 2008, Consumer Protection Act 68 of 2008, and relevant tax laws. The document typically includes detailed provisions on purchase price, payment terms, warranties, representations, conditions precedent, and risk allocation. It's particularly important for ensuring clear documentation of the transaction terms, compliance with regulatory requirements, and establishing mechanisms for dispute resolution under South African jurisdiction.

What sections should be included in a Buy And Sell Agreement?

1. Parties: Identification and details of the seller and buyer, including registration numbers for companies or ID numbers for individuals

2. Background: Context of the transaction and brief description of the subject matter being sold

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Sale and Purchase: Core agreement terms specifying what is being sold and purchased

5. Purchase Price: Detailed breakdown of the purchase price and payment terms

6. Payment Terms: Specifics of how and when payment will be made, including any installment arrangements

7. Delivery and Transfer: Terms regarding the transfer of ownership and physical delivery of goods

8. Warranties and Representations: Statements of fact and promises made by both parties regarding the transaction

9. Due Diligence: Requirements and processes for buyer's investigation of the purchase

10. Conditions Precedent: Conditions that must be met before the agreement becomes effective

11. Risk and Insurance: Allocation of risk and insurance requirements

12. Breach and Termination: Consequences of breach and circumstances allowing termination

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard legal clauses including notices, governing law, and jurisdiction

What sections are optional to include in a Buy And Sell Agreement?

1. Intellectual Property: Required when the sale includes intellectual property assets

2. Employee Matters: Necessary when the sale involves transfer of employees or employment considerations

3. Environmental Matters: Required for transactions involving property or businesses with environmental implications

4. Competition Law Compliance: Needed for larger transactions requiring competition authority approval

5. Tax Matters: Detailed tax provisions when complex tax implications exist

6. Transitional Services: Required when seller will provide ongoing services post-sale

7. Earn-out Provisions: Used when part of purchase price is contingent on future performance

8. Third Party Consents: Required when the transaction needs specific third-party approvals

What schedules should be included in a Buy And Sell Agreement?

1. Asset Schedule: Detailed list of assets included in the sale

2. Purchase Price Calculation: Detailed breakdown of how the purchase price was calculated

3. Due Diligence Findings: Summary of key findings from due diligence process

4. Warranties Schedule: Detailed warranties given by the seller

5. Encumbrances Schedule: List of any existing encumbrances on the assets

6. Required Consents: List of required third-party consents and their status

7. Excluded Assets: List of assets specifically excluded from the sale

8. Handover Schedule: Timeline and process for transferring assets or business

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions













































Clauses






































Relevant Industries

Retail

Manufacturing

Real Estate

Technology

Agriculture

Mining

Professional Services

Healthcare

Hospitality

Construction

Automotive

Education

Financial Services

Telecommunications

Energy

Relevant Teams

Legal

Finance

Compliance

Risk Management

Corporate Development

Mergers & Acquisitions

Executive Leadership

Commercial Operations

Business Development

Due Diligence

Corporate Secretariat

Treasury

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Business Development Manager

Corporate Attorney

Financial Director

Commercial Director

Mergers & Acquisitions Manager

Risk Manager

Compliance Officer

Company Secretary

Business Owner

Managing Director

Operations Director

Investment Manager

Due Diligence Specialist

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Option To Purchase Real Estate Agreement Form

A South African legal agreement granting exclusive rights to purchase specified real estate property under predetermined terms and conditions within a defined timeframe.

find out more

Customer List Purchase Agreement

South African agreement for the purchase and transfer of customer lists, ensuring POPIA compliance and data protection.

find out more

Letter Of Intent To Purchase (Real Estate)

A preliminary document under South African law expressing intent to purchase property and outlining key proposed terms while maintaining non-binding status for the main transaction.

find out more

Membership Purchase Agreement

A South African law-governed agreement establishing terms for membership purchase, compliant with local consumer protection and privacy laws.

find out more

Lease To Buy Agreement

A South African law-governed agreement combining property rental and future purchase options, with rental payments contributing to the purchase price.

find out more

Wholesale Purchase Contract

A South African law-governed agreement establishing terms for bulk sale and purchase of goods between wholesaler and purchaser.

find out more

Agreement To Sell Immovable Property

A legally binding agreement under South African law that documents the terms and conditions for the sale and purchase of immovable property.

find out more

Letter Of Intent To Purchase Goods

A preliminary document under South African law expressing intent to purchase specific goods, outlining key terms and conditions for the proposed transaction.

find out more

Agreement For Hire Purchase Of A Motor Vehicle

A South African law-governed agreement for the purchase of a motor vehicle through installment payments, with ownership retention by the seller until full payment.

find out more

Equipment Purchase Contract

A South African law-governed agreement for the purchase and sale of equipment, including specifications, pricing, delivery terms, and warranties.

find out more

Letter Of Intent To Purchase

A South African law-compliant preliminary document expressing formal intention to purchase an asset, property, or business, outlining key terms and conditions of the proposed transaction.

find out more

Lease Agreement With Option To Purchase

A South African legal agreement combining property rental terms with an option for the tenant to purchase the property under specified conditions.

find out more

Home For Sale By Owner Contract

A South African legal contract for direct property sales between private sellers and buyers, without estate agent involvement.

find out more

Conditional Purchase Agreement

A South African law-governed agreement for the purchase of assets or property subject to specific conditions precedent being fulfilled.

find out more

Artwork Purchase Agreement

A South African law-governed agreement for the purchase and sale of artwork, addressing ownership transfer, authenticity, and related rights.

find out more

Agreement For Sale Of Flat

South African legal agreement for the sale and purchase of sectional title units (flats), compliant with local property laws and regulations.

find out more

Agreement For Advance Payment For Purchase Of Goods

South African law-governed agreement establishing terms for advance payment in goods purchase, including payment terms, delivery conditions, and security measures.

find out more

Simple Stock Purchase Agreement

A South African law-governed agreement for the basic transfer of shares between parties, outlining essential terms and warranties for straightforward share sales.

find out more

Sales Agreement For A Car

A South African law-governed agreement for the sale and purchase of a motor vehicle, ensuring legal compliance and protecting both parties' interests.

find out more

Purchase Agreement Letter

A formal letter document under South African law that outlines the terms and conditions of a purchase transaction between parties.

find out more

Owner To Owner House Sale Contract

A South African law-compliant contract for the direct sale of residential property between private owners, incorporating all essential elements required by local property legislation.

find out more

Non Binding Letter Of Intent To Purchase Product

A non-binding document under South African law expressing intent to purchase products, outlining basic commercial terms and serving as a framework for negotiations.

find out more

Cross Purchase Agreement

A South African law-governed agreement establishing terms and procedures for shareholders to purchase shares from other shareholders upon specified events.

find out more

Option Purchase Contract Car

A South African law-governed agreement granting the right to purchase a specified vehicle at predetermined terms within a set timeframe.

find out more

Lease To Buy Land

South African agreement combining land lease with purchase option, governed by SA property law and consumer protection legislation.

find out more

Buy In Agreement

South African law-governed agreement enabling purchase of ownership interest in an existing business, outlining terms of acquisition and shareholder rights.

find out more

Sale And Purchase Agreement Spa

A South African law-governed agreement documenting the terms and conditions for the sale and purchase of assets, shares, or property, ensuring legal compliance and protecting parties' interests.

find out more

Joint Purchase Agreement For Vehicle

A South African law-governed agreement establishing terms for joint vehicle purchase and ownership between multiple parties, including usage rights and responsibilities.

find out more

Agreement Of Sale Document

A South African law-compliant agreement documenting the terms and conditions for the sale and purchase of property or assets.

find out more

Truck Lease To Own Agreement

A South African law-governed agreement enabling the lease and eventual purchase of commercial trucks, combining rental terms with purchase conditions under local transportation and credit regulations.

find out more

Owner Finance Purchase Agreement

A South African legal agreement where the property seller provides direct financing to the purchaser, combining property sale and financing terms in compliance with local property and credit laws.

find out more

Lease Purchase Agreement Car

A South African law-governed agreement combining vehicle lease terms with a purchase option, structured under National Credit Act requirements.

find out more

High Purchase Agreement Form

A South African law-compliant agreement for purchasing goods through installments, where ownership transfers upon final payment.

find out more

Non Binding Purchase Agreement

A preliminary agreement outlining proposed purchase terms under South African law, explicitly non-binding but providing a framework for future binding agreements.

find out more

Option To Purchase Business Agreement

A South African law-governed agreement granting the right to purchase a business under specified terms and conditions within an agreed timeframe.

find out more

Co Purchase Agreement

A South African legal agreement governing joint property purchase and ownership between multiple parties, defining rights, obligations, and ownership shares.

find out more

Commercial Offer To Purchase

A legally binding document under South African law that initiates a commercial property purchase transaction, outlining key terms and conditions of the proposed purchase.

find out more

Purchase Agreement For Car Loan

A South African law-governed agreement combining vehicle purchase and financing terms, compliant with national credit and consumer protection legislation.

find out more

Purchase Agreement Car Dealership

A South African law-governed agreement for vehicle sales through dealerships, covering purchase terms, warranties, and ownership transfer in compliance with local regulations.

find out more

Option Purchase Agreement Film

A South African law-governed agreement granting exclusive rights to purchase film rights to a property within a specified period.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it