Domicilium The domicilium citandi et executandi( or domicilium) is the address at which all notices and / or court processes related to the Agreement of Sale will be served on the parties.
Warranties All warranties and representations between the parties relating to the property are recorded here.
Certificates The seller is obliged to provide certain certificates of compliance prior to registration of transfer. These include:
• Electrical
• Electric fence
• Gas( if relevant)
• Water
• Beetle – this is not a legal requirement but is often demanded by lenders, as the purpose of this certificate is to validate the structural integrity of the timber in the building, particularly the roof. The specifics of the clause will vary from region to region, depending on the species of beetle most commonly found, and this requirement is more usual in coastal regions
Buying Property is not a DIY Activity We have tried to explain, in layperson’ s terms, the most common clauses found in a Deed of Sale. The list is not exhaustive, as every Deed of Sale differs according to the specific circumstances and requirements of the individual parties.
Property law is a specialised field. It is a good idea to seek advice from a property lawyer before binding yourself to any Offer to Purchase. In South African law you are bound to an Agreement of Sale once it becomes unsuspensive, or unconditional. This differs from some other countries, where, despite concluding a Deed of Sale, you can still be“ gazumped” before contracts are exchanged, i. e. the seller can accept a better offer from another buyer.
For expert advice on buying or selling a property, contact Simon Dippenaar and Associates on 086 099 5146 or simon @ sdlaw. co. za.
Special Conditions Any special conditions are recorded here.
Validity of Offer The Offer to Purchase states a time and date by which the seller must accept / reject and / or counter the offer. If the seller takes no action by that date, the offer lapses and is no longer valid or legally binding.
SA Real Estate Investor Magazine APRIL 2021 27