CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon the Purchaser taking possession of the Property on the Completion Date and pending the Transfer Date, the following provisions 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 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.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession of the Property on the Completion Occupation Date and pending occur prior to the Transfer Date, the following provisions applyconditions will apply to the Purchaser 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, which consent will not unreasonably either personally or through its agents, shall be withheld; and
10.1.6 prior entitled at all reasonable times, and on reasonable notice to the Transfer Date Purchaser, to have access to the Property for the purpose of inspecting it, or to carry out any maintenance or repairs which the Seller may, in terms hereof be 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 the service of ratesthe Seller, taxes and other impostsEstate Manager / Managing Agent, electricity and water consumed upon the Common Property and all other charges in connection with Body Corporate or the Property and trustees of the BuildingBody Corporate.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon the Purchaser taking possession of the Property on the Completion Date and pending the Transfer Date, the following provisions 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 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.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession of the Property on the Completion Occupation Date and pending occur prior to the Transfer Date, the following provisions applyconditions will apply to the Purchaser 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, which consent will not unreasonably either personally or through its agents, shall be withheld; and
10.1.6 prior entitled at all reasonable times, and on reasonable notice to the Transfer Date Purchaser, to have access to the Property for the purpose of inspecting it or to carry out any maintenance or repairs which the Seller may in terms hereof be 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 the service of ratesthe Seller, taxes and other impostsManaging Agent, electricity and water consumed upon the Common Property and all other charges in connection with Body Corporate or the Property and trustees of the BuildingBody Corporate.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession take occupation of the Property on the Completion Date and pending prior to the Transfer Date, the following provisions 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 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 such monthly levy, pending the final determination thereof, is 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 Upon Should the Purchaser taking possession take occupation of the Property on the Completion Date and pending prior to the Transfer Date, the following provisions applyshall 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 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 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 it may be necessary, the Purchaser hereby grants the Seller the irrevocable power to make such appointment.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon 7.1 Should the Purchaser taking possession parties enter into a written addendum to this agreement in terms whereof it is agreed that the Date of the Property on the Completion Date and pending 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:
10.1.1 7.1.1 save insofar as may be inconsistent with the Purchaser provisions of this agreement, the provisions of section 44(1) of the Act 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 apply;
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 prior 7.1.6 the Purchaser shall pay to the Transfer Date Seller occupational interest on the Purchaser will not appoint or engage any estate agent or other person Purchase 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 market, advertise and/or sell the Property other than Conveyancers commencing on the Agentpossession 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.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 development and indemnifies the developer, the VDVHOA, 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 the case may be);
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession take occupation of the Property on the Completion Date and pending prior to the Transfer Date, the following provisions 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 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 such monthly levy, pending the final determination thereof, is Estimated monthly levy R15 per square meter (approximately)
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession of the Property on the Completion Occupation Date and pending occur prior to the Transfer Date, the following provisions applyconditions will apply to the Purchaser 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, which consent will not unreasonably either personally or through its agents, shall be withheld; and
10.1.6 prior entitled at all reasonable times, and on reasonable notice to the Transfer Date Purchaser, to have access to the Property for the purpose of inspecting it or to carry out any maintenance or repairs which the Seller may in terms hereof be 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 the service of ratesthe Seller, taxes and other impostsEstate Manager / Managing Agent, electricity and water consumed upon the Common Property and all other charges in connection with Body Corporate or the Property and trustees of the BuildingBody Corporate.
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon 9.1 The parties annex hereto as Schedule “B” a plan showing the sub-division of the property, and indicating the location of the stand.
9.2 The Seller acknowledges that the local authority has issued a Section 137 Certificate in terms of the City of Cape Town Municipal Planning By-Law, 2015. The Seller has therefore complied with all legal requirements and the provision of services to the Property sold in terms hereof.
9.3 The Developer, together with the local Municipality has compiled Architectural Guidelines relating to the type, size and style of any buildings to be erected on the Property by the Purchaser. All building plans must be considered and approved in accordance with the guidelines by the controlling architect to be appointed by the Association. The Purchaser undertakes to comply with the terms, conditions and spirit of such guidelines. A copy of the Architectural Guidelines is annexed hereto as Schedule “E”.
9.4 Building operations may not be proceeded with before the written consents of the Association and the Local Authority have been endorsed on such plan and no building and/or structure shall be erected other than strictly in accordance with such approved plan. Failing which any building will be demolished and the cost of the demolition will be recovered from the Purchaser.
9.5 The Purchaser or his successors in title shall be liable for payment of the fees and costs as determined by the Home Owners Association in respect of the above approvals.
9.6 It is hereby confirmed that the Developer has obtained sub-division approval in terms of Ordinance 15 of 1985.
9.7 It is a further suspensive condition of this sale that the Purchaser taking possession becomes a member and accepts the terms and conditions of the Property on SPANISH FARM ESTATE HOME OWNERS ASSOCIATION and its constitution. • The Purchaser acknowledges that in terms of the Completion Date conditions of subdivision and pending rezoning imposed, a Home Owners Association has been established and that he shall automatically upon transfer become a member thereof and remain a member as long as he is the Transfer Date, registered owner of the following provisions apply:
10.1.1 the Property. The Purchaser shall permit any person authorized in writing be bound by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in Constitution of the case of emergency (when no notice shall be required), to enter the Section Home Owners Association and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions rules promulgated in terms thereof. • A copy of the STA, Constitution is attached hereto and marked Schedule “C”. The Home Owners Association will also have the STSMA, right to amend 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 Constitution from time to time 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 necessary with the written consent of the Sellerapplicable municipality. • The Association shall be responsible for the duties imposed by its constitution for which all members will contribute a levy to be determined by the Association from time to time. • It is further agreed that a condition, which consent will not unreasonably substantially in accordance with the following wording, shall be withheld; and
10.1.6 prior included in the title deed of the property sold hereby: “Subject further to the Transfer Date following condition imposed by 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 Transferor 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 benefit 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.the
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession of the Property on the Completion Occupation Date and pending occur prior to the Transfer Date, the following provisions applyconditions will apply to the Purchaser 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, which consent will not unreasonably either personally or through its agents, shall be withheld; and
10.1.6 prior entitled at all reasonable times, and on reasonable notice to the Transfer Date Purchaser, to have access to the Property for the purpose of inspecting it, or to carry out any maintenance or repairs which the Seller may, in terms hereof be 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 the service of ratesthe Seller, taxes and other impostsEstate Manager / Managing Agent, electricity and water consumed upon the Common Property and all other charges in connection with Body Corporate or the Property and trustees of the BuildingBody Corporate.
Appears in 1 contract
Samples: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession take occupation of the Property on the Completion Date and pending prior to the Transfer Date, the following provisions applyshall 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 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
11.1 The bona fide estimate of the monthly levy 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 it may be necessary, the Purchaser hereby grants the Seller the irrevocable power to make such appointment.
Appears in 1 contract
Samples: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon 7.1 Should the Purchaser taking possession Date of the Property on the Completion Date and pending 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:
10.1.1 7.1.1 save insofar as may be inconsistent with the Purchaser provisions of this agreement, the provisions of section 44(1) of the Act 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 apply;
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 prior to exceeding 2% (two percent) of 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 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 BuildingPurchaser 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 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.
Appears in 1 contract
Samples: Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Upon Should the Purchaser taking possession take occupation of the Property on the Completion Date and pending prior to the Transfer Date, the following provisions 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 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.
Appears in 1 contract
Samples: Agreement of Sale
