CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2: 10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed; 10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened; 10.1.3 the Purchaser may not make any alterations or additions to the Section; 10.1.4 the Purchaser will maintain the interior of the Section; 10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and 10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent. 10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate: 10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide; 10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and 10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 9.1. Upon the Purchaser take taking occupation of the Property prior to the Transfer DateSubject Matter and pending transfer and cession, the following provisions conditions shall apply in addition to apply:
9.1.1. save insofar as may be inconsistent with the provisions of clause 6.2:this Agreement, the provisions of Section 44(1) of the Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 9.1.2. the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertySubject Matter, shall bind the Purchaser and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 9.1.3. the Purchaser may not make any alterations or additions to the SectionSubject Matter, without the prior written consent of the Seller;
10.1.4 9.1.4. the Purchaser will shall not employ any person or firm to carry out any work of whatsoever nature on or to the Subject Matter, Exclusive Use Area or Property or any portion thereof prior to the date of transfer of the Subject Matter into the name of the Purchaser;
9.1.5. the Purchaser shall maintain the interior of the SectionSubject Matter;
10.1.5 9.1.6. the Purchaser will shall not sell, let or in any other manner dispose of or part with (whether temporarily or otherwise) the Property Subject Matter or his rights of occupation thereof before the Transfer Datethereof, except with the written consent of the Seller, which consent will not unreasonably be withheld; and;
10.1.6 9.1.7. the Purchaser will shall grant access to the Contractor and the Seller to implement remedial work referred to in clause 7.1;
9.1.8. the Purchaser shall be responsible for all costs of electricity and water consumed in the Subject Matter insofar as these may be separately metered, as well as the application to register as a user thereof;
9.1.9. the Purchaser shall not appoint store or engage harbour or allow to be stored or harboured in or about the Subject Matter and/or the Property and/or the Building any estate agent article, goods or materials which may vitiate any fire or other person to market, advertise and/or sell insurance policy held by the Property other than Seller or increase the Agentpremiums payable in respect of such policy.
10.2 9.2. The Seller shall shall, pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 9.2.1. insure the Building Buildings and all improvements improvements, fixtures and fittings in or upon the Property for to the full replacement value thereof against such risks as the Seller may decide;
10.2.2 9.2.2. maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and;
10.2.3 9.2.3. administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the BuildingBuildings.
9.3. 11 LEVIES The bona fide estimate If the Building is damaged or destroyed, the Seller may elect to either:
9.3.1. cancel this Agreement by giving the Purchaser notice thereof provided the extent of damage is not less than 50% (fifty per centum) of the monthly levy, pending Building/s which as a result thereof is not habitable; or
9.3.2. keep this Agreement in force and apply any insurance proceeds for the final determination thereof, is as set out in repair or reinstatement of the Transaction details as set out in the preamble to this Agreement.Building/s.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should During the Purchaser take occupation period from the OCCUPATION DATE until date of the Property prior to the Transfer Datetransfer, the following provisions conditions shall apply in addition to apply:
9.1 save insofar as they may be inconsistent with the provisions of clause 6.2:this agreement, the provisions of Section 19 of the STMA shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 9.2 the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations RULES insofar as the same they cast any duty upon the Purchaser owner or occupier of a property, UNIT shall bind the Purchaser PURCHASER and be enforceable by the Seller as if the Register has been openedSELLER;
10.1.3 9.3 the Purchaser PURCHASER may not make any alterations or additions additions, including but not limited to alterations to the Sectioncolour scheme and to the redecoration of the UNIT without the consent in writing of the SELLER first having been obtained;
10.1.4 9.4 the Purchaser will PURCHASER shall maintain the interior of the SectionUNIT in a fit and proper condition;
10.1.5 9.5 the Purchaser will PURCHASER shall be responsible for any damage caused to the UNIT by the PURCHASER or any person claiming access of occupation through him;
9.6 the PURCHASER shall not sell, let sell or in any other manner dispose of or part with (whether temporarily or otherwise) the Property or his rights UNIT prior to registration of occupation thereof before transfer into the Transfer DatePURCHASER'S name, except with without the express written consent of the SellerSELLER, which consent will not unreasonably may be withheld; and
10.1.6 granted or withheld in the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening entire discretion of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decideSELLER;
10.2.2 maintain 9.7 the Common Property PURCHASER shall be responsible for and keep it in a state pay to the SELLER promptly and on demand all costs of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon in the Common Property and UNIT as separately metered or alternatively, if no separate meter is applicable in respect of the water, then on a pro rata basis as determined by the SELLER;
9.8 If, before transfer of the UNIT to the PURCHASER, the UNIT is destroyed or damaged to such extent that in the opinion of the SELLER it is uneconomical to reinstate the UNIT then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the SELLER. In such event the SELLER shall refund to the PURCHASER all other charges amounts which may have been paid by the PURCHASER to the SELLER'S ATTORNEYS under the provisions of Clause 4 hereof together with interest earned thereon, excluding the payment made to the AGENCY in connection with the Property terms of clause 21 hereof, and the BuildingPURCHASER shall have no further claims against the SELLER. 11 LEVIES The bona fide estimate If the UNIT is destroyed or damaged due to the actions of the monthly levyPURCHASER, pending then the final determination thereof, is as set out in the Transaction details as set out in the preamble to provisions of this Agreementclause shall not apply.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should From the Purchaser take occupation of date until the Property prior to the Transfer Datetransfer date, the following provisions conditions shall apply in addition to apply:
16.1 Unless inconsistent with the provisions of clause 6.2:this agreement, the provisions of Section 19 of the Sectional Titles Management Act will be applicable;
10.1.1 16.2 the provisions of the rules insofar as they cast any duty upon the owner or occupier of a UNIT shall bind the Purchaser shall and be enforceable by the Seller;
16.3 the Purchaser will permit any authorized person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property UNIT for the purposes purpose of inspectinginspection, maintaining maintenance, and repairing itrepairs;
16.4 the Purchaser may (1) only use the property for residential purposes, or for (2) maintain the purposes of ensuring that the provisions interior of the STA, the STSMA, the Rules Unit in a fit and any other legislation are being observed;
10.1.2 the provisions of any legislation proper condition and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser (3) may not make any alterations or additions to the SectionUnit;
10.1.4 16.5 the Purchaser will maintain shall be responsible for any damage caused to the interior UNIT by the Purchaser or any person claiming access of occupation through him;
16.6 the PURCHASER shall be responsible for and pay to the SELLER promptly and on demand all costs of electricity and water consumed in the UNIT as separately metered or alternatively, if no separate meter is applicable in respect of the Sectionwater, then on a pro rata basis as determined by the SELLER;
10.1.5 16.7 the Purchaser will not sell, let or in any manner /dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof Unit before the Transfer Datetransfer;
16.8 if, except with the written consent before transfer of the Unit to the Purchaser, the Unit is destroyed or damaged to such extent that in the opinion of the Seller it is uneconomical to reinstate the UNIT then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the Seller, . In such event all amounts which consent will not unreasonably be withheld; and
10.1.6 may have been paid by the Purchaser will to the Transferring Attorney and the Agent under the provisions of Clause 6 hereof together with interest earned thereon shall be refunded to the Purchaser and the Purchaser shall have no further claims against the Seller. If the Unit is destroyed or damaged due to the actions of the Purchaser, then the provisions of this clause shall not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agentapply.
10.2 16.9 The Seller shall pending PURCHASER acknowledges that he may suffer inconvenience from building operations, noise, dust, and other nuisance factors from time to time after the opening OCCUPATION DATE arising from the development of the Register DEVELOPMENT SCHEME and the establishment same shall accordingly not be a breach of this agreement. The PURCHASER shall therefore not be entitled by reason of any of the Body Corporate:
10.2.1 insure the Building and all improvements in afore going to cancel or upon the Property for the full replacement value thereof against such risks as withdraw from this agreement or claim damages from any person or institute interdict proceedings. The Purchaser indemnifies the Seller may decide;
10.2.2 maintain against any claim by reason of such inconvenience, provided that such inconvenience is not caused by the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate intentional or grossly negligent act/s of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.Seller or its agent/s or its employee/s.
Appears in 2 contracts
Samples: Sale Agreement, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property Occupation Date occur prior to the Transfer Date, the following provisions shall conditions will apply in addition to the provisions of clause 6.2Purchaser from the Occupation Date up to the Transfer Date:
10.1.1 10.1 The Purchaser will comply with all the Purchaser shall permit any person authorized duties placed on an owner as described in writing by section 44(1) of the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in Sectional Titles Act and section 13 of the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the Sectional Titles Schemes Management Act.
10.2 The provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner, resident or occupier of a propertysection, shall bind the Purchaser (and be enforceable its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Seller as if the Register has been opened;Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.1.3 the 10.3 The Purchaser may shall not be entitled to make any additions, alterations or additions modifications of any nature to the Section;Property, without the prior written consent of the Seller and the Body Corporate.
10.1.4 the 10.4 The Purchaser will shall be obliged to maintain the interior Property in a fit and proper condition.
10.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of the Section;
10.1.5 the Purchaser will not sellselling, let donating or in any other manner dispose alienating or disposing of or part with (whether temporarily or otherwise) any portion thereof to any other person.
10.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date.
10.7 The Purchaser shall not use the Property or his rights the Common Property in such a manner so as to cause any damage thereto or to the other sections in the Building or the Scheme, nor shall it store or permit the storage therein of occupation thereof before any inflammable materials which may violate any insurance policy in respect of the Transfer Date, except with Scheme or Buildings or which is likely to have the effect of increasing the premiums payable in terms of any such insurance policy.
10.8 The Purchaser shall be entitled to use the Property only for residential purposes.
10.9 No person other than a bona fide guest of the Purchaser or Nominated Occupant(s) may occupy the Property without the prior written consent of the Seller.
10.10 The Seller, either personally or through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to the Property for the purpose of inspecting it or to carry out any maintenance or repairs which consent will not unreasonably the Seller may in terms hereof be withheld; and
10.1.6 obliged or entitled to perform, whether such repairs relate to the Property or not, and the Purchaser will shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred.
10.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not appoint to interfere with the use and enjoyment thereof by other purchasers, occupiers or engage any estate agent persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or other person to market, advertise and/or sell are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.
10.12 The Purchaser shall not use the Property or permit it to be used in such manner or for such purposes as shall cause a nuisance or annoyance to any other than purchaser, occupant or resident in the AgentScheme or interfere with the amenities of the Scheme so as to breach any law, ordinance, by-law or town planning and/or zoning scheme in force and pertaining to the Erf or Scheme.
10.2 The 10.13 Neither the Seller shall pending nor the opening Managing Agent, Body Corporate or the trustees of the Register Body Corporate shall be responsible for any damages which the Purchaser and/or Nominated Occupant(s) and/or their guests and invitees may suffer as a result of personal injury or loss or damage of property, regardless of whether such personal injury or loss or damage of property was caused by the establishment condition of the Property or any part of the Scheme and/or any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, the Managing Agent, Body Corporate or trustees of the Body Corporate:.
10.2.1 insure 10.14 The Purchaser hereby indemnifies the Building Seller, Managing Agent, Body Corporate and all improvements in the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or upon any visitor, guest, invitee or employee or tenant of the Property for Purchaser and/or Nominated Occupant(s) may institute against them on the full replacement value thereof against basis of personal injuries or loss or damage to property, regardless of whether such risks as injuries, loss or damage were caused by the Seller may decide;
10.2.2 maintain condition of the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer Scheme or the Property and any improvement thereon or equipment therein or by the Common Property and make all payments conduct of any person in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate service of the monthly levySeller, pending Managing Agent, the final determination thereof, is as set out in Body Corporate or the Transaction details as set out in trustees of the preamble to this AgreementBody Corporate.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property Occupation Date occur prior to the Transfer Date, the following provisions shall conditions will apply in addition to the provisions of clause 6.2Purchaser from the Occupation Date up to the Transfer Date:
10.1.1 12.1 The Purchaser will comply with all the Purchaser shall permit any person authorized in writing by duties placed on an owner as described inspection 44(1) of the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in Sectional Titles Act and section13 of the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the Sectional Titles Schemes Management Act;
12.2 The provisions of the STARules, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner, resident or occupier of a propertysection, shall bind the Purchaser and who will fully comply therewith;
12.3 The Purchaser shall not be enforceable by entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller as and the Body Corporate (if the Register has been openedin existence);
10.1.3 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition;
12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of Selling, donating or in any other manner alienating or disposing of any portion thereof to any other person;
12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date;
12.7 The Purchaser shall not use the Property or the Common Property in such a manner so as to cause any damage thereto or to the other sections in the Building or the Scheme, nor shall it store or permit the storage therein of any inflammable materials which may violate any insurance policy in respect of the Scheme or Buildings or which is likely to have the effect of increasing the premiums payable in terms of any such insurance policy;
12.8 The Purchaser shall be entitled to use the Property only for residential purposes;
12.9 No person other than the Purchaser may not make any alterations or additions to occupy the Section;
10.1.4 Property, pending transfer, without the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the prior written consent of the Seller;
12.10 The Seller, either personally or through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to the Property for the purpose of inspecting it, or to carry out any maintenance or repairs which consent will not unreasonably the Seller may, in terms hereof be withheld; and
10.1.6 obliged or entitled to perform, whether such repairs relate to the Property or not, and the Purchaser will shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred;
12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not appoint to interfere with the use and enjoyment thereof by other purchasers, occupiers or engage any estate agent persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or other person to market, advertise and/or sell are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.
12.12 The Purchaser shall not use the Property or permit it to be used in such manner or for such purposes as shall cause a nuisance or annoyance to any other than purchaser, occupant or resident in the AgentScheme or interfere with the amenities of the Scheme so as to breach any law, ordinance, by-law or town planning and/or zoning scheme in force and pertaining to the Erf or Scheme.
10.2 The 12.13 Neither the Seller shall pending nor the opening of Estate Manager / Managing Agent, Body Corporate or the Register and the establishment trustees of the Body Corporate:, shall be responsible for any damages which the Purchaser and/or their guests and invitees may suffer as a result of personal injury or loss or damage of property, regardless of whether such personal injury or loss or damage of property was caused by the condition of the Property, or any part of the Scheme and/or any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, the Estate Manager / Managing Agent, Body Corporate or trustees of the Body Corporate.
10.2.1 insure 12.14 The Purchaser hereby indemnifies the Building Seller, Estate Manager / Managing Agent, Body Corporate and all improvements in the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or upon any visitor, guest, invitee or employee or tenant of the Property for Purchaser and/or Nominated Occupant(s) may institute against them on the full replacement value thereof against basis of personal injuries or loss or damage to property, regardless of whether such risks as injuries, loss or damage were caused by the Seller may decide;
10.2.2 maintain condition of the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer Scheme or the Property and any improvement thereon or equipment therein or by the Common Property and make all payments conduct of any person in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate service of the monthly levySeller, pending Estate Manager / Managing Agent, the final determination thereof, is as set out in Body Corporate or the Transaction details as set out in trustees of the preamble to this AgreementBody Corporate.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should Upon the Purchaser take occupation taking possession of the Property prior to on the Completion Date and pending the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2apply:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 prior to the Transfer Date the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 11.1 Upon the Purchaser take taking occupation of the Property prior to the Transfer DateUnit and pending transfer and cession, the following provisions conditions shall apply in addition to apply:
11.1.1 save insofar as may be inconsistent with the provisions of clause 6.2:this Agreement, the provisions of Section 44(1) of the Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 11.1.2 the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyUnit, shall bind the Purchaser and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 11.1.3 the Purchaser may not make any alterations or additions to the SectionUnit without the prior written consent of the Seller;
10.1.4 11.1.4 the Purchaser will shall maintain the interior of the SectionUnit;
10.1.5 11.1.5 the Purchaser will shall not sell, let or in any other manner dispose of or part with (whether temporarily or otherwise) the Property Unit or his rights of occupation thereof before the Transfer Datethereof, except with the written consent of the Seller, which consent will shall not be unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 11.2 The Seller shall shall, pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 11.2.1 insure the Building Buildings and all improvements improvements, fixtures and fittings in or upon the Property for to the full replacement value thereof against such risks as the Seller may decide;
10.2.2 11.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and;
10.2.3 11.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this AgreementBuildings.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should Upon the Purchaser take occupation taking possession of the Property prior to on the Completion Date and pending the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2apply:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 prior to the Transfer Date the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body CorporateTransfer Date:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is Estimated monthly levy R20 per square meter – approx.. Estimated monthly levy in words Approximately Twenty Rand per square meter 12 MANAGING AGENT The Seller will be entitled to appoint the first Managing Agent, which appointment shall be valid and binding on the Body Corporate for a period of 1 (one) year after the date of the first annual general meeting of the Body Corporate, provided that such appointment complies with section 6(2) of the Rules. Insofar as set out in it may be necessary, the Transaction details as set out in Purchaser hereby grants the preamble Seller the irrevocable power to this Agreementmake such appointment.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2apply:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the such monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.Estimated monthly levy R20 per square meter (approximately)
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 7.1 Should the Purchaser take occupation parties enter into a written addendum to this agreement in terms whereof it is agreed that the Date of the Property Possession shall be prior to the Transfer Date, then and in such event with effect from the Date of Possession of the unit and pending registration of transfer thereof, the following provisions conditions shall apply in addition to apply:
7.1.1 save insofar as may be inconsistent with the provisions of clause 6.2:this agreement, the provisions of section 44(1) of the Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 7.1.2 the provisions of the STA, the STSMA, the Body Corporate Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyunit, shall bind the Purchaser and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 7.1.3 the Purchaser may not make any alterations or additions to the Sectionunit;
10.1.4 7.1.4 the Purchaser will shall maintain the interior unit in good order and condition;
7.1.5 the Purchaser shall not be entitled to alienate or sell or transfer the unit and/or cede any rights in respect of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, exclusive use areas except with the prior written consent of the SellerSeller who may charge a fee in respect of such resale for documentation, which consent will vetting of purchaser, obtaining legal advice, administration fee, etc in an amount not unreasonably be withheld; andexceeding 2% (two percent) of the resale price;
10.1.6 7.1.6 the Purchaser will not appoint or engage any estate agent or other person shall pay to market, advertise and/or sell the Property other than Seller occupational interest on the AgentPurchase Price at a rate of 1% per month calculated on the Purchase Price from the possession date until the date of registration of transfer (both dates inclusive). Occupational interest as aforesaid shall be paid monthly in advance to the Conveyancers commencing on the possession date and thereafter monthly in advance and the Conveyancers are hereby irrevocably authorised and instructed to pay the said occupational interest to the Seller before date of transfer as and when such money is received by the Conveyancers.
10.2 The Seller shall pending the opening of the Register and 7.2 Pending the establishment of the Body Corporate:
10.2.1 7.2.1 the Seller shall insure the Building building and all improvements improvements, fixtures and fittings in or upon the Property for the full replacement value thereof against such reasonable risks as the Seller may decide;
10.2.2 7.2.2 the Seller shall maintain the Common Property common Property, including the basement parking and open parking bay, and keep it same in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and;
10.2.3 7.2.3 the Seller shall administer the Property and the Common Property as administrator and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property common property and all other charges in connection with the Property common property. The Seller shall be entitled to collect these costs, insofar as the Purchaser is liable to pay a pro rata share thereof in terms of Clause 7.3.1, from the Purchaser;
7.2.4 After establishment of the Body Corporate, the Body Corporate shall refund any amounts paid by the Seller in terms of Clause 7.2.1 – 7.2.3 hereof beyond the date of registration of transfer of the first unit in the scheme to the Seller.
7.3 From the Date of Possession or Transfer Date, whichever shall occur first in terms of this agreement as may be amended from time to time, the Purchaser –
7.3.1 shall be liable for the payment of all services provided to the unit and any deposits and fees payable in connection with the supply of such services. In no way detracting from the aforesaid, it is specifically recorded that it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to make application for the connection of water, electricity and telephone services to the unit. If the unit is separately metered for the supply of electricity and/or water thereto, the Purchaser shall make arrangements with the suppliers to obtain the relevant connections and shall pay for any consumption thereof;
7.3.2 waives all claims against the developer, the VDVHOA, the Seller and the Building. 11 LEVIES The bona fide estimate Body Corporate for any loss or damage to the unit or any injury to person which the Purchaser may sustain in or about the unit, any other part of the monthly levydevelopment and indemnifies the developer, pending the final determination thereofVDVHOA, is the Seller and the Body Corporate against any such claim that may be made against the developer, the VDVHOA, the Seller or the Body Corporate by a member of the Purchaser’s family or any tenant, nominee, invitee or any other person who occupies the unit and/or goes upon the development by virtue of the Purchaser’s rights thereto, for any loss or damage to unit or injury to person suffered in or about the unit, or any other part of the development howsoever such loss or damage to unit or injury to person may be caused (save for any loss or damage to the unit or injury to person caused by the wilful or grossly negligent acts of the developer, the VDVHOA, the Seller or the Body Corporate, as set out in the Transaction details as set out in the preamble to this Agreement.case may be);
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should During the Purchaser take occupation period from the OCCUPATION DATE until date of the Property prior to the Transfer Datetransfer, the following provisions conditions shall apply in addition to apply:
9.1 save insofar as they may be inconsistent with the provisions of clause 6.2:this agreement, the provisions of Section 19 of the STMA shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 9.2 the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations RULES insofar as the same they cast any duty upon the Purchaser owner or occupier of a property, UNIT shall bind the Purchaser PURCHASER and be enforceable by the Seller as if the Register has been openedSELLER;
10.1.3 9.3 the Purchaser PURCHASER may not make any alterations or additions additions, including but not limited to alterations to the Sectioncolour scheme and to the redecoration of the UNIT without the consent in writing of the SELLER first having been obtained;
10.1.4 9.4 the Purchaser will PURCHASER shall maintain the interior of the SectionUNIT in a fit and proper condition;
10.1.5 9.5 the Purchaser will PURCHASER shall be responsible for any damage caused to the UNIT by the PURCHASER or any person claiming access of occupation through him;
9.6 the PURCHASER shall not sell, let sell or in any other manner dispose of or part with (whether temporarily or otherwise) the Property or his rights UNIT prior to registration of occupation thereof before transfer into the Transfer DatePURCHASER'S name, except with without the express written consent of the SellerSELLER, which consent will not unreasonably may be withheld; and
10.1.6 granted or withheld in the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening entire discretion of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decideSELLER;
10.2.2 maintain 9.7 the Common Property PURCHASER shall be responsible for and keep it in a state pay to the SELLER promptly and on demand all costs of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon in the Common Property and UNIT as separately metered or alternatively, if no separate meter is applicable in respect of the water, then on a pro rata basis as determined by the SELLER;
9.8 If, before transfer of the UNIT to the PURCHASER, the UNIT is destroyed or damaged to such extent that in the opinion of the SELLER it is uneconomical to reinstate the UNIT then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the SELLER. In such event all other charges in connection with amounts which may have been paid by the Property PURCHASER to the SELLER'S ATTORNEYS and the BuildingAGENCY under the provisions of Clause 4 hereof together with interest earned thereon shall be refunded to the PURCHASER and the PURCHASER shall have no further claims against the SELLER. 11 LEVIES The bona fide estimate If the UNIT is destroyed or damaged due to the actions of the monthly levyPURCHASER, pending then the final determination thereof, is as set out in the Transaction details as set out in the preamble to provisions of this Agreementclause shall not apply.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2apply:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 24.1 The Purchaser shall, after the Purchaser take occupation date and prior to transfer:
24.1.1 save with the prior written consent of the Property prior Seller, not be entitled to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Sectionsection;
10.1.4 the Purchaser will 24.1.2 maintain the interior of the Sectionsection in a fit and proper condition;
10.1.5 24.1.3 not be entitled to divide the Purchaser will not sellsection;
24.1.4 be liable for all electricity, let water or gas consumed in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before section and to the Transfer Date, except with the written consent of extent that such services are separately metered;
24.1.5 be liable for and pay to the Seller, the Occupational Rental in clause 7.3 and the estimated initial monthly levy in clause 7.4;
24.1.6 not use the section or the common property in such manner as to cause any damage thereto or to the other sections in the building, nor store or permit the storage therein of any inflammable materials which consent will not unreasonably may vitiate any policy of insurance;
24.1.7 be withheld; and
10.1.6 entitled to use the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening section as a residential dwelling unit and in terms of the Register permitted zoning;
24.1.8 permit the Seller either personally, or through the Seller’s servants or agents, to have access to the Section at all reasonable times and no reasonable notice to the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property Purchaser, for the full replacement value thereof against such risks as purpose of inspecting it or to carry out maintenance or repairs which the Seller may decidein terms hereof be obliged or entitled to perform, whether such repairs relate to the Section or not and the Purchaser shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred;
10.2.2 24.1.9 not use and enjoy the common property in such manner so as to interfere with the use and enjoyment thereof by other occupiers of Sections or purchasers thereof or other persons lawfully upon the property and shall comply with any rules which the Seller in its discretion may make in regard thereto;
24.1.10 not use the Section or permit it to be used in such manner or for such purposes as shall cause a nuisance to any other person or interfere with the amenities of the property or so as to breach any law, ordinance or by-laws or any town planning scheme in force in relation to the land;
24.1.11 ensure that the Purchaser’s family, employees or invitees comply with the obligations aforesaid;
24.1.12 comply with the rules of the proposed Body Corporate from time to time.
24.2 The Seller shall, after the occupation date and prior to transfer:
24.2.1 insure the buildings for their replacement value and maintain the Common Property common property and keep it in a state of good and serviceable repair;
24.2.2 keep, in a state of good and serviceable repair and in a neatmaintain, tidy the plant, machinery, fixtures and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges fittings used in connection with the Property common property;
24.2.3 maintain and repair all pipes, wires, cables and ducts existing on the land or in the building and capable of being used in connection with the enjoyment of more than one section or of the common property, provided however that notwithstanding anything to the contrary herein contained, the Seller shall be entitled to effect any repairs to the building (including the section) and/or the land even though the Seller is not obliged to effect such repairs in terms of this agreement.
24.3 Notwithstanding anything to the contrary contained in this agreement in the event of the Seller not effecting transfer by reason of either destruction of the building or expropriation of the land or in the event of destruction of the section to the extent that the Purchaser is deprived or likely to be deprived of beneficial occupation thereof for a period of 6 (six) months or longer, the Seller shall thereupon be entitled within 21 (twenty one) days of the relevant event to resile from the agreement and upon the Seller so doing, the Seller shall refund to the Purchaser, that amount which it would have been obliged to refund in terms of clause 24.6.2 below. Within 14 (fourteen) days of such refund having been made, the Purchaser shall vacate the section, unless he/she has already vacated or been deprived of possession thereof and save as aforesaid shall have no further claim against the Seller. If there is any dispute as to the likely period for which the Purchaser will be deprived of beneficial occupation of the section, such dispute shall be referred to the Principal Agent whose decision shall be final and binding and who shall act as an expert and not as an arbitrator.
24.4 If the Seller does not elect to resile from the agreement in terms of clause 24.3 then the Seller shall:
24.4.1 apply the whole of the monies received by it from the proceeds of any applicable insurance policy to the repair or replacement of the buildings including the section;
24.4.2 if the buildings are replaced by new buildings, such new buildings shall be erected substantially in accordance with the plans for the existing buildings and the BuildingPurchaser shall accept a section most nearly comparable to the section to which he was entitled in existing building and the provisions of this agreement shall continue to apply mutatis mutandis to such new section and to his occupation thereof in the re- erected building. 11 LEVIES The bona fide estimate In the event of any dispute as to the new accommodation which the Purchaser is entitled and obliged to receive in pursuance of this clause, the decision of the monthly levySeller’s Principal Agent acting as an expert shall be binding;
24.4.3 not be liable to the Purchaser for any claims whatsoever relating to any deprivation of section, pending displacement or inconvenience which may be caused during the final determination thereofreplacement of the new buildings.
24.5 The Purchaser shall, after transfer:
24.5.1 be liable for all electricity and other services provided to and consumed in respect of the Section;
24.5.2 be liable for the payment of the levy to the Body Corporate as determined by the Body Corporate from time to time;
24.5.3 pay refuse disposal and basic sewer charges and taxes to the Local Authority in respect of the Unit;
24.5.4 comply with the rules of the proposed Body Corporate from time to time.
24.6 If, as a result of any act or omission by the Seller, the sectional title register is not opened within 18 (eighteen) months of the Contractual Occupation Date or such further period as set out may be agreed in writing between the Transaction details as set out parties then either party shall, on written notice to the other be entitled to elect that:
24.6.1 this sale shall terminate on written notice by either party to the other;
24.6.2 the Seller refund the Purchaser the amounts in clause 6.1 and 6.2 and interest earned thereon and return to the preamble Purchaser any bankers or other guarantees which may have been furnished by the Purchaser pursuant to this Agreementagreement;
24.6.3 save as herein provided, neither of the parties shall in such event have any further claim whatsoever and whether for damages or specific performance, against the other under this agreement, nor shall the Purchaser be entitled to claim or allege any right of occupation or tenancy of the section under this agreement and shall vacate the same forthwith and until he/she so vacates Occupational Rental and estimated body corporate levies shall be paid by the Purchaser until date of vacation.
Appears in 1 contract
Samples: Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should
10 . 1 With effect f rom the Purchaser take occupation date of the Property prior to unit and pending registration of t ransfer of the Transfer Datesubject m atter, the following provisions conditions shall apply in addition to apply:
10 . 1 . 1 save insofar as m ay be inconsistent with the provisions of clause 6.2:this agreem ent, the provisions of section 44 (1 ) of the Sectional Ti t les Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 10 . 1 . 2 the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations rules insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyunit, shall bind the Purchaser Purc xxxxx and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 10 . 1 . 3 the Purchaser may m ay not make m ake any alterations or additions to the Sectionsection and/ or the exclusive use areas;
10.1.4 10 . 1 . 4 the Purchaser will maintain shall m aintain the interior of section and the Sectionexclusive use areas in good order and condition;
10.1.5 10 . 1 . 5 The Purchaser s hall pay for al l water and electricity consum ed in the unit and al l availability charges.
10 . 1 . 6 The Purchaser will shall not sell, let or in any manner other m anner dispose of or part with (whether temporarily tem poraril y or otherwise) the Property unit or his rights i ts r ights of occupation thereof before the Transfer Datethereof, except with wit h the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 . However the Purchaser will not appoint or engage any estate agent or other person shall be entitled to marketlet the unit once occupation has been provided, advertise and/or sell without consent of the Property other than the AgentSeller.
10.2 10 . 2 Pending the establishm ent of the body corporate:
10 . 2 . 1 The Purchaser shall not be entitled to sell, t ransfer or cede the r ights in respect of, or offer for sale or advertise for sale, the uni t ;
10 . 2 . 2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building building and all improvements im provem ents, f i xtures and fi ttings in or upon the Property property for the full replacement replacem ent value thereof against such risks r i sk as the Seller may decidedeems appropriate;
10.2.2 maintain 10 . 2 . 3 The Seller shall m aintain the Common Property comm on property, and keep it xxx e in a state of good and serviceable repair and in a neat, tidy t idy and sanitary condition; and;
10.2.3 10 . 2 . 4 The Seller shall administer the Property property and the Common Property and make all payments m ake al l paym ents in respect of rates, taxes and other impostsim posts, electricity and water consumed consum ed upon the Common Property common property and all al l other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreementcommon property.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 10 . 1 With effect f rom the Purchaser take occupation date of the Property prior to unit and pending registration of transfer of the Transfer Datesubject matter, the following provisions conditions shall apply in addition to apply:
10 . 1 . 1 save insofar as may be inconsistent with the provisions of clause 6.2:this agreement, the provisions of section 44 ( 1 ) of the Sectional Titles Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 10 . 1 . 2 the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations rules insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyunit, shall bind the Purchaser Purchas er and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 10 . 1 . 3 the Purchaser may not make any alterations or additions to the Sectionsection and/ or the exclusive use areas;
10.1.4 10 . 1 . 4 the Purchaser will shall maintain the interior of section and the Sectionexclusive use areas in good order and condition;
10.1.5 10 . 1 . 5 The Purchaser shal l pay for all water and electricity consumed in the unit and all availability charges.
10 . 1 . 6 The Purchaser will shall not sell, let or in any other manner dispose of or part with (( whether temporarily temporaril y or otherwise) the Property unit or his rights i ts r ights of occupation thereof before the Transfer Datethereof, except with the t he written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 . However the Purchaser will not appoint or engage any estate agent or other person shall be entitled to marketlet the unit once occupation has been provided, advertise and/or sell w i thout consent of the Property other than the AgentSeller.
10.2 The Seller shall pending the opening of the Register and 10 . 2 Pending the establishment of the Body Corporatebody corporate:
10.2.1 10 . 2 . 1 The Purchaser shall not be entitled to sell, t rans fer or cede the r ights in respect of, or offer for sale or advertise for sale, the unit;
10 . 2 . 2 The Seller shall insure the Building building and all improvements improvements, f ixtures and f i t t ings in or upon the Property property for the full replacement value thereof against such risks r i sk as the th e Seller may decidedeems appropriate;
10.2.2 10 . 2 . 3 The Seller shall maintain the Common Property common property , and keep it same in a state of good and serviceable repair re pair and in a neat, tidy t idy and sanitary condition; and;
10.2.3 10 . 2 . 4 The Seller shall administer the Property and the Common Property property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property common property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreementcommon property.
Appears in 1 contract
Samples: Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property Occupation Date occur prior to the Transfer Date, the following provisions shall conditions will apply in addition to the provisions of clause 6.2Purchaser from the Occupation Date up to the Transfer Date:
10.1.1 12.1 The Purchaser will comply with all the Purchaser shall permit any person authorized in writing by duties placed on an owner as described inspection 44(1) of the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in Sectional Titles Act and section 13 of the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the Sectional Titles Schemes Management Act;
12.2 The provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner, resident or occupier of a propertysection, shall bind the Purchaser and who will fully comply therewith;
12.3 The Purchaser shall not be enforceable by entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller as and the Body Corporate (if the Register has been openedin existence);
10.1.3 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition;
12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of Selling, donating or in any other manner alienating or disposing of any portion thereof to any other person;
12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date;
12.7 The Purchaser shall not use the Property or the Common Property in such a manner so as to cause any damage thereto or to the other sections in the Building or the Scheme, nor shall it store or permit the storage therein of any inflammable materials which may violate any insurance policy in respect of the Scheme or Buildings or which is likely to have the effect of increasing the premiums payable in terms of any such insurance policy;
12.8 The Purchaser shall be entitled to use the Property only for residential purposes;
12.9 No person other than the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) occupy the Property or his rights of occupation thereof before pending transfer without the Transfer Date, except with the prior written consent of the Seller;
12.10 The Seller, either personally or through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to the Property for the purpose of inspecting it or to carry out any maintenance or repairs which consent will not unreasonably the Seller may in terms hereof be withheld; and
10.1.6 obliged or entitled to perform, whether such repairs relate to the Property or not, and the Purchaser will shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred;
12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not appoint to interfere with the use and enjoyment thereof by other purchasers, occupiers or engage any estate agent persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or other person to market, advertise and/or sell are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub‐clause.
12.12 The Purchaser shall not use the Property or permit it to be used in such manner or for such purposes as shall cause a nuisance or annoyance to any other than purchaser, occupant or resident in the AgentScheme or interfere with the amenities of the Scheme so as to breach any law, ordinance, by‐law or town planning and/or zoning scheme in force and pertaining to the Erf or Scheme.
10.2 The 12.13 Neither the Seller shall pending nor the opening Estate Manager / Managing Agent, Body Corporate or the trustees of the Register Body Corporate shall be responsible for any damages which the Purchaser and/or their guests and invitees may suffer as a result of personal injury or loss or damage of property, regardless of whether such personal injury or loss or damage of property was caused by the establishment condition of the Property or any part of the Scheme and/or any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, the Estate Manager / Managing Agent, Body Corporate or trustees of the Body Corporate:.
10.2.1 insure 12.14 The Purchaser hereby indemnifies the Building Seller, Estate Manager / Managing Agent, Body Corporate and all improvements in the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or upon any visitor, guest, invitee or employee or tenant of the Property for Purchaser and/or Nominated Occupant(s) may institute against them on the full replacement value thereof against basis of personal injuries or loss or damage to property, regardless of whether such risks as injuries, loss or damage were caused by the Seller may decide;
10.2.2 maintain condition of the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer Scheme or the Property and any improvement thereon or equipment therein or by the Common Property and make all payments conduct of any person in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate service of the monthly levySeller, pending Estate Manager / Managing Agent, the final determination thereof, is as set out in Body Corporate or the Transaction details as set out in trustees of the preamble to this AgreementBody Corporate.
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 7.1 Should the Purchaser take occupation Date of the Property Possession be prior to the Transfer Date, with effect from the Date of Possession of the unit and pending registration of transfer thereof, the following provisions conditions shall apply in addition to apply:
7.1.1 save insofar as may be inconsistent with the provisions of clause 6.2:this agreement, the provisions of section 44(1) of the Act shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 7.1.2 the provisions of the STA, the STSMA, the Body Corporate Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyunit, shall bind the Purchaser and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 7.1.3 the Purchaser may not make any alterations or additions to the Sectionunit;
10.1.4 7.1.4 the Purchaser will shall maintain the interior unit in good order and condition;
7.1.5 the Purchaser shall not be entitled to alienate or sell or transfer the unit and/or cede any rights in respect of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, exclusive use areas except with the prior written consent of the SellerSeller who may charge a fee in respect of such resale for documentation, which consent will vetting of purchaser, obtaining legal advice, administration fee, etc in an amount not unreasonably be withheld; and
10.1.6 exceeding 2% (two percent) of the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agentresale price.
10.2 The Seller shall pending the opening of the Register and 7.2 Pending the establishment of the Body Corporate:
10.2.1 7.2.1 the Seller shall insure the Building building and all improvements improvements, fixtures and fittings in or upon the Property for the full replacement value thereof against such reasonable risks as the Seller may decide;
10.2.2 7.2.2 the Seller shall maintain the Common Property common Property, including the basement parking and open parking bay, and keep it same in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and;
10.2.3 7.2.3 the Seller shall administer the Property and the Common Property as administrator and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property common property and all other charges in connection with the Property and common property. The Seller shall be entitled to collect these costs, insofar as the Building. 11 LEVIES The bona fide estimate Purchaser is liable to pay a pro rata share thereof in terms of Clause 6.3.4, from the Purchaser;
7.2.4 After establishment of the monthly levyBody Corporate, pending the final determination thereof, is as set out Body Corporate shall refund any amounts paid by the Seller in terms of Clause 7.2.1 – 7.2.3 hereof beyond the date of registration of transfer of the first unit in the Transaction details as set out in scheme to the preamble to this AgreementSeller.
Appears in 1 contract
Samples: Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property Occupation Date occur prior to the Transfer Date, the following provisions shall conditions will apply in addition to the provisions of clause 6.2Purchaser from the Occupation Date up to the Transfer Date:
10.1.1 12.1 The Purchaser will comply with all the Purchaser shall permit any person authorized in writing by duties placed on an owner as described inspection 44(1) of the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in Sectional Titles Act and section 13 of the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the Sectional Titles Schemes Management Act;
12.2 The provisions of the STARules, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner, resident or occupier of a propertysection, shall bind the Purchaser and who will fully comply therewith;
12.3 The Purchaser shall not be enforceable by entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller as and the Body Corporate (if the Register has been openedin existence);
10.1.3 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition;
12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of Selling, donating or in any other manner alienating or disposing of any portion thereof to any other person;
12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date;
12.7 The Purchaser shall not use the Property or the Common Property in such a manner so as to cause any damage thereto or to the other sections in the Building or the Scheme, nor shall it store or permit the storage therein of any inflammable materials which may violate any insurance policy in respect of the Scheme or Buildings or which is likely to have the effect of increasing the premiums payable in terms of any such insurance policy;
12.8 The Purchaser shall be entitled to use the Property only for residential purposes;
12.9 No person other than the Purchaser may not make any alterations or additions to occupy the Section;
10.1.4 Property, pending transfer, without the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the prior written consent of the Seller;
12.10 The Seller, either personally or through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to the Property for the purpose of inspecting it, or to carry out any maintenance or repairs which consent will not unreasonably the Seller may, in terms hereof be withheld; and
10.1.6 obliged or entitled to perform, whether such repairs relate to the Property or not, and the Purchaser will shall have no claim against the Seller for any disturbance in his occupation arising out of the exercise by the Seller of the rights hereby conferred;
12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not appoint to interfere with the use and enjoyment thereof by other purchasers, occupiers or engage any estate agent persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or other person to market, advertise and/or sell are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.
12.12 The Purchaser shall not use the Property or permit it to be used in such manner or for such purposes as shall cause a nuisance or annoyance to any other than purchaser, occupant or resident in the AgentScheme or interfere with the amenities of the Scheme so as to breach any law, ordinance, by-law or town planning and/or zoning scheme inforce and pertaining to the Erf or Scheme.
10.2 The 12.13 Neither the Seller shall pending nor the opening of Estate Manager / Managing Agent, Body Corporate or the Register and the establishment trustees of the Body Corporate:, shall be responsible for any damages which the Purchaser and/or their guests and invitees may suffer as a result of personal injury or loss or damage of property, regardless of whether such personal injury or loss or damage of property was caused by the condition of the Property, or any part of the Scheme and/or any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, the Estate Manager / Managing Agent, Body Corporate or trustees of the Body Corporate.
10.2.1 insure 12.14 The Purchaser hereby indemnifies the Building Seller, Estate Manager / Managing Agent, Body Corporate and all improvements in the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or upon any visitor, guest, invitee or employee or tenant of the Property for Purchaser and/or Nominated Occupant(s) may institute against them on the full replacement value thereof against basis of personal injuries or loss or damage to property, regardless of whether such risks as injuries, loss or damage were caused by the Seller may decide;
10.2.2 maintain condition of the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer Scheme or the Property and any improvement thereon or equipment therein or by the Common Property and make all payments conduct of any person in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate service of the monthly levySeller, pending Estate Manager / Managing Agent, the final determination thereof, is as set out in Body Corporate or the Transaction details as set out in trustees of the preamble to this AgreementBody Corporate.
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should From the Purchaser take occupation of date until the Property prior to the Transfer Datetransfer date, the following provisions conditions shall apply in addition to apply:
15.1 Unless inconsistent with the provisions of clause 6.2:this agreement, the provisions of Section 19 of the Sectional Titles Management Act will be applicable;
10.1.1 15.2 the provisions of the rules insofar as they cast any duty upon the owner or occupier of a UNIT shall bind the Purchaser shall and be enforceable by the Seller;
15.3 the Purchaser will permit any authorized person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property UNIT for the purposes purpose of inspectinginspection, maintaining maintenance, and repairing itrepairs;
15.4 the Purchaser may (1) only use the property for residential purposes, or for (2) maintain the purposes of ensuring that the provisions interior of the STA, the STSMA, the Rules Unit in a fit and any other legislation are being observed;
10.1.2 the provisions of any legislation proper condition and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser (3) may not make any alterations or additions to the SectionUnit;
10.1.4 15.5 the Purchaser will maintain shall be responsible for any damage caused to the interior UNIT by the Purchaser or any person claiming access of occupation through him;
15.6 the PURCHASER shall be responsible for and pay to the SELLER promptly and on demand all costs of electricity and water consumed in the UNIT as separately metered or alternatively, if no separate meter is applicable in respect of the Sectionwater, then on a pro rata basis as determined by the SELLER;
10.1.5 15.7 the Purchaser will not sell, let or in any manner /dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof Unit before the Transfer Datetransfer;
15.8 if, except with the written consent before transfer of the Unit to the Purchaser, the Unit is destroyed or damaged to such extent that in the opinion of the Seller it is uneconomical to reinstate the UNIT then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the Seller, . In such event all amounts which consent will not unreasonably be withheld; and
10.1.6 may have been paid by the Purchaser will not appoint to the Transferring Attorney and the Agent under the provisions of Clause 6 hereof together with interest earned thereon shall be refunded to the Purchaser and the Purchaser shall have no further claims against the Seller. If the Unit is destroyed or engage any estate agent or other person damaged due to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening actions of the Register and Purchaser, then the establishment provisions of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreementclause shall not apply.
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 16.1 From the Purchaser take occupation of date until the Property prior to the Transfer Datetransfer date, the following provisions conditions shall apply in addition to apply:
16.2 Unless inconsistent with the provisions of clause 6.2:this agreement, the provisions of Section 19 of the Sectional Titles Management Act will be applicable;
10.1.1 16.3 the provisions of the rules insofar as they cast any duty upon the owner or occupier of a UNIT shall bind the Purchaser shall and be enforceable by the Seller;
16.4 the Purchaser will permit any authorized person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property UNIT for the purposes purpose of inspectinginspection, maintaining maintenance, and repairing itrepairs;
16.5 the Purchaser may (1) only use the property for residential purposes, or for (2) maintain the purposes of ensuring that the provisions interior of the STA, the STSMA, the Rules Unit in a fit and any other legislation are being observed;
10.1.2 the provisions of any legislation proper condition and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser (3) may not make any alterations or additions to the SectionUnit;
10.1.4 16.6 the Purchaser will maintain shall be responsible for any damage caused to the interior UNIT by the Purchaser or any person claiming access of occupation through him;
16.7 the PURCHASER shall be responsible for and pay to the SELLER promptly and on demand all costs of electricity and water consumed in the UNIT as separately metered or alternatively, if no separate meter is applicable in respect of the Sectionwater, then on a pro rata basis as determined by the SELLER;
10.1.5 16.8 the Purchaser will not sell, let or in any manner /dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof Unit before the Transfer Datetransfer;
16.9 if, except with the written consent before transfer of the Unit to the Purchaser, the Unit is destroyed or damaged to such extent that in the opinion of the Seller it is uneconomical to reinstate the UNIT then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the Seller, . In such event all amounts which consent will not unreasonably be withheld; and
10.1.6 may have been paid by the Purchaser will not appoint to the Transferring Attorney and the Agent under the provisions of Clause 6 hereof together with interest earned thereon shall be refunded to the Purchaser and the Purchaser shall have no further claims against the Seller. If the Unit is destroyed or engage any estate agent or other person damaged due to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening actions of the Register Purchaser, then the provisions of this clause shall not apply;
16.10 The PURCHASER acknowledges that he may suffer inconvenience from building operations, noise, dust, and other nuisance factors from time to time after the establishment OCCUPATION DATE arising from the development of the Body Corporate:
10.2.1 insure DEVELOPMENT SCHEME and same shall accordingly not be a breach of this agreement. The PURCHASER shall therefore not be entitled by reason of any of the Building and all improvements in afore going to cancel or upon the Property for the full replacement value thereof against such risks as withdraw from this agreement or claim damages from any person or institute interdict proceedings. The Purchaser indemnifies the Seller may decide;
10.2.2 maintain against any claim by reason of such inconvenience, provided that such inconvenience is not caused by the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate intentional or grossly negligent act/s of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.Seller or its agent/s or its employee/s.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES LEVIES
11.1 The bona fide estimate of the monthly levylevy payable to the Body Corporate, pending the final determination thereof, is Estimated monthly levy R Estimated monthly levy in words
11.2 The bona fide estimate of the total monthly levies payable to the Associations, pending the final determination thereof, is Estimated total monthly levies R Estimated total monthly levies in words 12 MANAGING AGENT The Seller will be entitled to appoint the first Managing Agent, which appointment shall be valid and binding on the Body Corporate for a period of 1 (one) year after the date of the first annual general meeting of the Body Corporate. Insofar as set out in it may be necessary, the Transaction details as set out in Purchaser hereby grants the preamble Seller the irrevocable power to this Agreementmake such appointment.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 10.1. Upon the Purchaser take taking occupation of the Property prior to the Transfer DateUnit and pending transfer and cession, the following provisions conditions shall apply in addition to apply:
10.1.1. save insofar as may be inconsistent with the provisions of clause 6.2:this Agreement, the provisions of Section 13(1) of the Sectional Title Schemes Management Act 8 of 2011, shall apply;
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that 10.1.2. the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same they cast any duty upon the Purchaser owner or occupier of a propertyUnit, shall bind the Purchaser and be enforceable by the Seller as if the Register has been openedSeller;
10.1.3 10.1.3. the Purchaser may not make any alterations or additions to the SectionUnit without the prior written consent of the Seller;
10.1.4 10.1.4. the Purchaser will shall not employ any person or firm to carry out any work of whatsoever nature on or to the Section, Exclusive Use Area or Property or any portion thereof prior to the Transfer Date;
10.1.5. the Purchaser shall maintain the interior of the SectionUnit;
10.1.5 10.1.6. the Purchaser will shall not sell, let or in any other manner dispose of or part with (whether temporarily or otherwise) the Property Unit or his rights of occupation thereof before the Transfer Datethereof, except with the written consent of the Seller, which consent will not unreasonably be withheld; and.
10.1.6 10.1.7. the Purchaser will shall grant access to the Seller's building contractor sub-contractors to implement remedial work referred to in clause 8.3;
10.1.8. the Purchaser shall be responsible for all costs of electricity and water consumed in the Unit insofar as these may be separately metered, as well as the application to register as a user thereof;
10.1.9. the Purchaser shall not appoint store or engage harbour or allow to be stored or harboured in or about the Unit and/or the Property and/or the Building any estate agent article, goods or materials which may vitiate any fire or other person insurance policy held by the Seller or increase the premiums payable in respect of such policy;
10.1.10. The Purchaser shall have signed all documents necessary to market, advertise and/or sell the Property other than the Agenteffect transfer and payments from bond.
10.2 10.2. The Seller shall shall, pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 10.2.1. insure the Building Buildings and all improvements improvements, fixtures and fittings in or upon the Property for to the full replacement value thereof against such risks as the Seller may decide;
10.2.2 10.2.2. maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and;
10.2.3 10.2.3. administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the BuildingBuildings.
10.3. 11 LEVIES The bona fide estimate If the Building is damaged or destroyed, the Seller may elect to either:
10.3.1. Cancel this Agreement by giving the Purchaser notice thereof provided the extent of damage is not less than 50% (fifty per centum) of the monthly levy, pending Building which as a result thereof is not habitable; or
10.3.2. Keep this Agreement in force and apply any insurance proceeds for the final determination thereof, is as set out in repair or reinstatement of the Transaction details as set out in the preamble to this AgreementBuilding.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2apply:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the such monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.Estimated monthly levy R15 per square meter (approximately)
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should 8.1. If, and then upon the Purchaser take occupation purchaser taking possession of the Property prior to the Transfer Dateunit and pending transfer, the following provisions conditions shall apply in addition to apply-
8.1.1. save insofar as may be inconsistent with the provisions of clause 6.2:
10.1.1 this agreement, the Purchaser shall permit any person authorized in writing by provisions of section 44(1) of the Seller or its agent/s or its employee/s at all reasonable hours on notice, except Act (which section in the case Act relates to the duties of emergency (when no notice an owner) shall be required), to enter apply and bind the Section and purchaser as if he were the Common Property for registered owner of the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that unit;
8.1.2. the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations rules insofar as the same they can cast any duty upon the Purchaser owner or occupier of a property, the unit shall bind the Purchaser purchaser and be enforceable by the Seller as if seller and/or the Register has been openedbody corporate;
10.1.3 8.1.3. the Purchaser may purchaser shall not until registration of transfer of the unit into his name, without the prior written consent of the seller, make or cause or allow to be made any alterations or additions improvements to the Sectionsection or remove or demolish any improvements whatsoever. The purchaser shall not, except insofar as his rights are preserved in terms of section 28 of the Act, have any claim against the seller in respect of any expenditure upon or improvements to the section, whether made with or without the seller’s consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All fixed improvements to the section made by or at the instance or expense of the purchaser shall accede to the section and belongs to the seller;
10.1.4 8.1.4. the Purchaser will purchaser shall maintain the interior of the Sectionunit in a fit and proper condition;
10.1.5 8.1.5. the Purchaser will purchaser shall not sell, let or in any other manner dispose of or part with (whether temporarily or otherwise) the Property unit or his rights of occupation thereof before the Transfer Datethereof, except with the written consent of the Seller, seller which consent may be given subject to such terms and conditions as the seller in its sole discretion may impose. This clause will not unreasonably apply mutatis mutandis in the event of the purchaser being a company or a close corporation and the shareholder/member requires the shares/members interest and loan accounts to be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other sold rather than the Agent.unit;
10.2 The Seller shall pending 8.1.6. the opening purchaser waives all claims (to the extent that the seller is not insured against such claims) against the seller for any loss or damage to property or any injury to person which the purchaser may sustain in or about the section, the building or the common property and indemnifies the seller against any such claim that may be made against the seller by any member of the Register and purchaser’s family or the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements purchaser’s invitees, employees, agents for any loss or damage to property or injury to person suffered in or upon about the Property for unit, the full replacement value thereof against building or the property howsoever such risks as the Seller loss or damage to property or injury to person may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreementbe caused.
Appears in 1 contract
Samples: Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall will apply to the Purchaser from the Occupation Date until the Transfer Date, in addition to the provisions of clause 6.2:
10.1.1 the 11: The Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the ; The provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the ; The Purchaser may not make any alterations or additions to the Section;
10.1.4 the ; The Purchaser will be obliged to maintain the exterior and interior of the Section;
10.1.5 the Section in a fit and proper condition; The Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 The Purchaser will be liable for all water and electricity consumed in respect of the Property as from the Occupation Date; and The Purchaser shall not use the Property or Common Property in a manner to cause any damage thereto. The Purchaser shall be entitled to use the property only for residential purposes; and the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 . The Seller shall shall, pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure : Insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain ; Maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer and Administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
Appears in 1 contract
Samples: Agreement of Sale