1. Has a deed search been done in order to check the following:

• The details of the correct registered owner
• The correct property description (including extent of property)
• If sectional title whether there are any registered exclusive use areas
• Whether there are any adverse interdicts/attachments
• Whether there is a Section 25 Real Right to extend registered that needs to be mentioned in the Agreement. (only applicable to Sectional Title)

2. If either the Seller or Purchaser is a Company or Close Corporation, has a Cipro / Company office search been done and are the relevant resolutions in place.

3. If either Seller or Purchaser is a Trust have the Letters of Authority been provided

4. Has the Seller been correctly described

5.Does the Seller have the necessary contractual capacity

• Age of majority
• Unmarried
• Married in community / out of community / foreign marriage / Customary marriage / Hindu marriage / Muslim marriage

6.Has the Purchaser been correctly described

7. Does the Purchaser have the necessary contractual capacity

• Age of majority
• Unmarried
• Married in community / out of community / foreign marriage / Customary marriage / Hindu marriage / Muslim marriage

8. Has the Property been correctly described

9. Does the wording of the Purchase Price correspond to the numbered amount (check all such insertions).

10. Is the purchase price inclusive or exclusive of VAT or is VAT not applicable

11. Is there a deposit payable

12. Does the deposit amount and the guarantee amount add up to the Purchase Price

13. Has the occupation date been completed

• If the occupation date is extended, have the parties given the conveyancer a clear instruction to register as soon as possible or as close to the occupation date as possible
• Will the requirements of the deposit, guarantees and transfer costs (and any other relevant conditions) be complied with before the occupation date

14. Has the occupational rent been agreed and inserted

15. Has the bond finance amount been inserted

16. Has the Purchaser been pre-qualified to determine if the loan is affordable

17. Does the Purchaser have sufficient time to get a bond having regard to the availability of documents etc

18. Are there any fixtures or fittings which need to be included or excluded or that need a special mention

19. Is the Alienation of Land Act applicable

20. Has the Estate Agents Commission been agreed and inserted / dealt with

21. Is there a Property Owners Association

22. Have the Seller and Purchaser inserted their domicilium addresses as being a physical address in South Africa

23. Are there any special conditions that need to be inserted

24. Is there a reasonable expiry date inserted

25. Has the date and place of the signing by Seller and Purchaser been inserted.

26. Have both Seller and Purchaser initialled all pages of the agreement where necessary, including any deletions, alterations or additions

27. Have both the witnesses initialled all pages of the agreement where necessary, including any deletions, alterations or additions

28. Have the Seller and Purchaser signed the Agreement in full where required

29. Have both witnesses signed the Agreement in full where required

30. Have both the Seller and Purchaser completed the information page

31. Has the Seller inserted his bond account number or indicated where the original title deeds are

32. Is there a need for a surety to sign on behalf of the Purchaser? 

33. If a surety is a requirement has the surety initialled where necessary and signed in full.

34. Are there any blank spaces

35. Has the agreement been completed in black ink

36. Is the agreement legible

37. Are there any relevant annexures

 

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