CONDITIONS APPLICABLE PENDING TRANSFER. Should the Occupation Date occur prior to the Transfer Date, the following conditions will apply to the Purchaser from the Occupation Date up to the Transfer Date: 10.1 The Purchaser will comply with all the duties placed on an owner as described in section 44(1) of the Sectional Titles Act and section 13 of the Sectional Titles Schemes Management Act. 10.2 The provisions of the Rules insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract. 10.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate. 10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition. 10.5 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. 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 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. 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 the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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. 10.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 purchaser, occupant or resident in the Scheme 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. 10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the 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 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. 10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agent, the Body Corporate or the trustees of the Body Corporate.
Appears in 2 contracts
Sources: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Occupation Date occur Purchaser take occupation of the Property prior to the Transfer Date, the following conditions will provisions shall apply in addition to the Purchaser from the Occupation Date up to the Transfer Dateprovisions of clause 6.2:
10.1 The 10.1.1 the Purchaser will comply with 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 duties placed on an owner as described in section 44(1) case of emergency (when no notice shall be required), to enter the Sectional Titles Act Section and section 13 the Common Property for the purposes of inspecting, maintaining and repairing it, or for the Sectional Titles Schemes Management Act.
10.2 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 they the same cast any duty upon the owner, resident Purchaser or occupier of a sectionproperty, shall bind the Purchaser (and its Nominated Occupant(s)) who 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 fully comply therewith. A breach maintain the interior of the Rules by Section;
10.1.5 the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.3 The Purchaser shall not be entitled to make any additionssell, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.
10.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of selling, donating let or in any other manner alienating dispose of or disposing of 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 part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Common Property in such a manner so as to cause any damage thereto or to Transfer Date, except with 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.
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, 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.
10.10 10.2 The Seller, either personally 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 through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to upon the Property for the purpose of inspecting it or to carry out any maintenance or repairs which full replacement value thereof against such risks as the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.decide;
10.11 The Purchaser may use and enjoy only those parts of 10.2.2 maintain the Common Property which are completedand 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 such manner so as not to interfere respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the use Property and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the SchemeBuilding. 11 LEVIES The Purchaser may not use and enjoy those parts bona fide estimate of the Scheme which are not completedmonthly levy, or are 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 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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the first Managing Agent, Body Corporate or the trustees of which appointment shall be valid and binding on the Body Corporate shall be responsible for any damages which a period of 1 (one) year after 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 condition date 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 first annual general meeting of the Body Corporate.
10.14 The , provided that such appointment complies with section 6(2) of the Rules. Insofar as it may be necessary, the Purchaser hereby indemnifies grants the Seller, Managing Agent, Body Corporate and Seller the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage irrevocable power to property, regardless of whether make such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agent, the Body Corporate or the trustees of the Body Corporateappointment.
Appears in 2 contracts
Sources: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. Should the Occupation Date occur prior to the Transfer Date, the following conditions will apply to the Purchaser from the Occupation Date up to the Transfer Date:
10.1 12.1 The Purchaser will comply with all the duties placed on an owner as described in section inspection 44(1) of the Sectional Titles Act and section 13 section13 of the Sectional Titles Schemes Management Act.;
10.2 12.2 The provisions of the Rules Rules, insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.;
10.3 12.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.Corporate (if in existence);
10.4 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.;
10.5 12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of sellingSelling, donating or in any other manner alienating or disposing of any portion thereof to any other person.;
10.6 12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date.;
10.7 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.;
10.8 12.8 The Purchaser shall be entitled to use the Property only for residential purposes.;
10.9 12.9 No person other than a bona fide guest of the Purchaser or Nominated Occupant(s) may occupy the Property Property, pending transfer, without the prior written consent of the Seller.;
10.10 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 it, or to carry out any maintenance or repairs which the Seller may may, in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.;
10.11 12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 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 purchaser, occupant or resident in the Scheme 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.
10.13 12.13 Neither the Seller nor the Estate Manager / Managing Agent, Body Corporate or the trustees of the Body Corporate 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 condition of the Property 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.
10.14 12.14 The Purchaser hereby indemnifies the Seller, Estate Manager / Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Estate Manager / Managing Agent, the Body Corporate or the trustees of the Body Corporate.
Appears in 2 contracts
Sources: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 7.1 Should the Occupation parties enter into a written addendum to this agreement in terms whereof it is agreed that the Date occur of 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 conditions will apply to the Purchaser from the Occupation Date up to the Transfer Dateshall apply:
10.1 The Purchaser will comply 7.1.1 save insofar as may be inconsistent with all the duties placed on an owner as described in provisions of this agreement, the provisions of section 44(1) of the Sectional Titles Act and section 13 of shall apply;
7.1.2 the Sectional Titles Schemes Management Act.
10.2 The provisions of the Body Corporate Rules insofar as they cast any duty upon the owner, resident owner or occupier of a sectionunit, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules be enforceable by the Seller;
7.1.3 the Purchaser (may not make any alterations or its Nominated Occupant(s)) will constitute a material breach of this Contract.additions to the unit;
10.3 The 7.1.4 the Purchaser shall maintain the unit in good order and condition;
7.1.5 the Purchaser shall not be entitled to make alienate or sell or transfer the unit and/or cede any additions, alterations or modifications rights in respect of any nature to the Property, without exclusive use areas except with the prior written consent of the Seller who may charge a fee in respect of such resale for documentation, vetting of purchaser, obtaining legal advice, administration fee, etc in an amount not exceeding 2% (two percent) of the resale price;
7.1.6 the Purchaser shall pay to the Seller occupational interest on the 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 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.
7.2 Pending the establishment of the Body Corporate.:
10.4 The Purchaser 7.2.1 the Seller shall be obliged to insure the building and all improvements, fixtures and fittings in or upon the Property for the full replacement value thereof against reasonable risks as the Seller may decide;
7.2.2 the Seller shall maintain the Property common Property, including the basement parking and open parking bay, and keep same in a fit state of good and proper serviceable repair and in a neat, tidy and sanitary condition.;
10.5 7.2.3 the Seller shall administer the Property as administrator 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 common property. The Purchaser Seller shall not be entitled to subdivide collect these costs, insofar as the Section for Purchaser is liable to pay a pro rata share thereof in terms of Clause 7.3.1, from the purpose Purchaser;
7.2.4 After establishment of sellingthe Body Corporate, donating or the Body Corporate shall refund any amounts paid by the Seller in any other manner alienating or disposing terms of any portion thereof Clause 7.2.1 – 7.2.3 hereof beyond the date of registration of transfer of the first unit in the scheme to any other personthe Seller.
10.6 The 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 water services provided to the unit and electricity consumed any deposits and fees payable in respect connection with the supply of the Property as such services. In no way detracting from the Occupation Date.
10.7 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 Schemeaforesaid, 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.
10.8 The Purchaser specifically recorded that it 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 incumbent upon the Purchaser, at the Purchaser’s cost, to have access make application for the connection of water, electricity and telephone services to the Property unit. If the unit is separately metered for the purpose supply of inspecting it or to carry out any maintenance or repairs which the Seller may in terms hereof be obliged or entitled to performelectricity and/or water thereto, whether such repairs relate to the Property or not, and the Purchaser shall have no claim 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 Seller for any disturbance in his occupation arising out of developer, the exercise by VDVHOA, 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 to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the Body Corporate shall be responsible for any damages loss or damage to the unit or any injury to person which the Purchaser and/or Nominated Occupant(s) and/or their guests and invitees may suffer as a result of personal injury sustain in or loss or damage of propertyabout the unit, regardless of whether such personal injury or loss or damage of property was caused by the condition of the Property or any other part of the Scheme and/or any improvement thereon or equipment therein or by development and indemnifies the conduct of any person in the service of the Sellerdeveloper, the Managing AgentVDVHOA, Body Corporate or trustees of the Body Corporate.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate Seller and the trustees of the Body Corporate against any such claim which its Nominated Occupant(s) 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 visitortenant, guestnominee, invitee or employee or tenant any other person who occupies the unit and/or goes upon the development by virtue of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or Purchaser’s rights thereto, for any loss or damage to propertyunit or injury to person suffered in or about the unit, regardless or any other part of whether the development howsoever such injuries, loss or damage were 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 condition wilful or grossly negligent acts of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agentdeveloper, the Body Corporate VDVHOA, the Seller or the trustees of the Body Corporate., as the case may be);
Appears in 2 contracts
Sources: Offer to Purchase, Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. Should 10.1 Upon the Occupation Purchaser taking possession of the Property on the Completion Date occur prior to and pending the Transfer Date, the following conditions will apply 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 from will maintain the Occupation 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 up 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 Transfer Date:
10.1 The Purchaser will comply with all the duties placed on an owner as described in section 44(1) of the Sectional Titles Act and section 13 of the Sectional Titles Schemes Management Act.
10.2 The provisions of the Rules insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.
10.5 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.
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 the Common Property in such a manner so as to cause any damage thereto or to the other sections in 10.2.1 insure the Building and all improvements in 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.
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 upon the Property for the purpose of inspecting it or to carry out any maintenance or repairs which full replacement value thereof against such risks as the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.decide;
10.11 The Purchaser may use and enjoy only those parts of 10.2.2 maintain the Common Property which are completedand keep it in a state of good and serviceable repair and in a neat, in such manner so as not to interfere with the use tidy and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.sanitary condition; and
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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the 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 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.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or 10.2.3 administer the Property and any improvement thereon or equipment therein or by the conduct Common Property and make all payments in respect of any person rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the service of Property and the Seller, Managing Agent, the Body Corporate or the trustees of the Body CorporateBuilding.
Appears in 2 contracts
Sources: Agreement of Sale, Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Occupation Date occur Purchaser take occupation of the Property prior to the Transfer Date, the following conditions will apply to provisions apply:
10.1.1 the Purchaser from shall permit any person authorized in writing by the Occupation Date up 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 Transfer Date:
10.1 The Purchaser will comply with all Section and the duties placed on an owner as described in section 44(1) Common Property for the purposes of inspecting, maintaining and repairing it, or for the Sectional Titles Act and section 13 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 they the same cast any duty upon the owner, resident Purchaser or occupier of a sectionproperty, shall bind the Purchaser (and its Nominated Occupant(s)) who 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 fully comply therewith. A breach maintain the interior of the Rules by Section;
10.1.5 the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.3 The Purchaser shall not be entitled to make any additionssell, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.
10.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of selling, donating let or in any other manner alienating dispose of or disposing of 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 part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Common Property in such a manner so as to cause any damage thereto or to Transfer Date, except with 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.
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, 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.
10.10 10.2 The Seller, either personally 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 through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to upon the Property for the purpose of inspecting it or to carry out any maintenance or repairs which full replacement value thereof against such risks as the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.decide;
10.11 The Purchaser may use and enjoy only those parts of 10.2.2 maintain the Common Property which are completedand keep it in a state of good and serviceable repair and in a neat, in such manner so as not to interfere with the use tidy and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.sanitary condition; and
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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the 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 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.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or 10.2.3 administer the Property and any improvement thereon or equipment therein or by the conduct Common Property and make all payments in respect of any person rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the service Property and the Building. 11 LEVIES The bona fide estimate of such monthly levy, pending the Sellerfinal determination thereof, Managing Agent, the Body Corporate or the trustees of the Body Corporate.is Estimated monthly levy R15 per square meter (approximately)
Appears in 1 contract
Sources: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Occupation Date occur Purchaser take occupation of the Property prior to the Transfer Date, the following conditions will provisions shall apply in addition to the Purchaser from the Occupation Date up to the Transfer Dateprovisions of clause 6.2:
10.1 The 10.1.1 the Purchaser will comply with 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 duties placed on an owner as described in section 44(1) case of emergency (when no notice shall be required), to enter the Sectional Titles Act Section and section 13 the Common Property for the purposes of inspecting, maintaining and repairing it, or for the Sectional Titles Schemes Management Act.
10.2 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 they the same cast any duty upon the owner, resident Purchaser or occupier of a sectionproperty, shall bind the Purchaser (and its Nominated Occupant(s)) who 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 fully comply therewith. A breach maintain the interior of the Rules by Section;
10.1.5 the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.3 The Purchaser shall not be entitled to make any additionssell, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.
10.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of selling, donating let or in any other manner alienating dispose of or disposing of 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 part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Common Property in such a manner so as to cause any damage thereto or to Transfer Date, except with 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.
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, 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.
10.10 10.2 The Seller, either personally 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 through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to upon the Property for the purpose of inspecting it or to carry out any maintenance or repairs which full replacement value thereof against such risks as the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.decide;
10.11 The Purchaser may use and enjoy only those parts of 10.2.2 maintain the Common Property which are completedand 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 such manner so as not to interfere respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the use Property and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the SchemeBuilding. 11 LEVIES
11.1 The Purchaser may not use and enjoy those parts bona fide estimate of the Scheme which are not completedmonthly levy payable to the Body Corporate, or are pending the final determination thereof, is Estimated monthly levy R Estimated monthly levy in the process of being completed. words
11.2 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 purchaser, occupant or resident in the Scheme or interfere with the amenities bona fide estimate of the Scheme so as to breach any law, ordinance, by-law or town planning and/or zoning scheme in force and pertaining total monthly levies payable to the Erf or Scheme.
10.13 Neither Associations, pending the final determination thereof, is Estimated total monthly levies R Estimated total monthly levies in words 12 MANAGING AGENT The Seller nor will be entitled to appoint the first Managing Agent, Body Corporate or the trustees of which appointment shall be valid and binding on the Body Corporate shall be responsible for any damages which a period of 1 (one) year after 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 condition date 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 first annual general meeting of the Body Corporate.
10.14 The . Insofar as it may be necessary, the Purchaser hereby indemnifies grants the Seller, Managing Agent, Body Corporate and Seller the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage irrevocable power to property, regardless of whether make such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agent, the Body Corporate or the trustees of the Body Corporateappointment.
Appears in 1 contract
Sources: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Occupation Date occur Purchaser take occupation of the Property prior to the Transfer Date, the following conditions will apply to provisions apply:
10.1.1 the Purchaser from shall permit any person authorized in writing by the Occupation Date up 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 Transfer Date:
10.1 The Purchaser will comply with all Section and the duties placed on an owner as described in section 44(1) Common Property for the purposes of inspecting, maintaining and repairing it, or for the Sectional Titles Act and section 13 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 they the same cast any duty upon the owner, resident Purchaser or occupier of a sectionproperty, shall bind the Purchaser (and its Nominated Occupant(s)) who 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 fully comply therewith. A breach maintain the interior of the Rules by Section;
10.1.5 the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.
10.3 The Purchaser shall not be entitled to make any additionssell, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.
10.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of selling, donating let or in any other manner alienating dispose of or disposing of 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 part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Common Property in such a manner so as to cause any damage thereto or to Transfer Date, except with 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.
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, 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.
10.10 10.2 The Seller, either personally 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 through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to have access to upon the Property for the purpose of inspecting it or to carry out any maintenance or repairs which full replacement value thereof against such risks as the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.decide;
10.11 The Purchaser may use and enjoy only those parts of 10.2.2 maintain the Common Property which are completedand keep it in a state of good and serviceable repair and in a neat, in such manner so as not to interfere with the use tidy and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clause.sanitary condition; and
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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the 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 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.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or 10.2.3 administer the Property and any improvement thereon or equipment therein or by the conduct Common Property and make all payments in respect of any person rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the service of Property and the Seller, Managing Agent, the Body Corporate or the trustees of the Body CorporateBuilding.
Appears in 1 contract
Sources: Agreement of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. Should Upon the Occupation Date occur prior to Purchaser taking possession of the Transfer DateUnit and pending transfer, the following conditions will shall apply to –
12.1 save insofar as may be consistent with the Purchaser from provisions of this Contract, the Occupation Date up to the Transfer Date:
10.1 The Purchaser will comply with all the duties placed on an owner as described in section 44(1) provisions of the Sectional Titles Act and section 13 of the Sectional Titles Schemes Management Act.STSM Act (which section in the STSM Act relates to the duties of an owner) shall apply and bind the Purchaser as if he were the registered owner of the Unit;
10.2 The 12.2 the provisions of the Rules rules insofar as they cast any duty upon the owner, resident owner or occupier of a section, the Unit shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules be enforceable by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.Seller and/or the Body Corporate;
10.3 The 12.3 the Purchaser shall not be entitled to make any additions, alterations or modifications until registration of any nature to transfer of the PropertyUnit into his name, without the prior written consent of the Seller and Seller, make or cause or allow to be made any improvements to the Body Corporate.
10.4 Section or remove or demolish any improvements whatsoever. The Purchaser shall be obliged 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 belong to the Seller;
12.4 the Purchaser shall maintain the Property Unit in a fit and proper condition.;
10.5 The 12.5 the Purchaser shall not be entitled to subdivide the Section for the purpose of sellingsell, donating let or in any other manner alienating dispose of or disposing part with (whether temporarily or otherwise) the Unit or his rights of any portion thereof to any other person.
10.6 The Purchaser shall be liable for all water and electricity consumed in respect of occupation thereof, except with the Property as from the Occupation Date.
10.7 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.
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 SellerSeller which consent may be given subject to such terms and conditions as the Seller in its sole discretion may impose. This clause will apply mutatis mutandis in the event of the Purchaser being a company or close corporation and the shareholder/member requires the shares/members interest and loan accounts to be sold rather than the Unit. Notwithstanding the aforesaid, it is recorded that the Seller consents to the Unit bring let to tenants from date of occupation as provided for herein.
10.10 The Seller, either personally or through its agents, shall be entitled at 12.6 the Purchaser waives all reasonable times, and on reasonable notice claims (to the Purchaser, to have access to the Property for the purpose of inspecting it or to carry out any maintenance or repairs which extent that the Seller may in terms hereof be obliged or entitled to perform, whether is not insured against such repairs relate to the Property or not, and the Purchaser shall have no claim claims) 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 to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the 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 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.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to propertyproperty or any injury to person which the Purchaser may sustain in or about the section, regardless 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 whether such injuriesthe Purchaser’s family or the Purchaser’s invitees, employees or agents for any loss or damage were caused by to property or injury to person suffered in or about the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing AgentUnit, the Body Corporate building or the trustees of the Body CorporateProperty howsoever such loss or damage to Property or injury to person may be cause.
Appears in 1 contract
Sources: Purchase and Sale Agreement
CONDITIONS APPLICABLE PENDING TRANSFER. Should 9.1 The parties annex hereto as Schedule “B” a plan showing the Occupation Date occur prior 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 Transfer DateProperty sold in terms hereof.
9.3 The Developer, together with the following conditions will apply 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 Occupation Date up to the Transfer Date:Purchaser.
10.1 9.5 The Purchaser will comply with all the duties placed on an owner as described or his successors in section 44(1) title shall be liable for payment of the Sectional Titles Act fees and section 13 costs as determined by the Home Owners Association in respect of the Sectional Titles Schemes Management Actabove approvals.
10.2 The provisions 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 becomes a member and accepts the terms and conditions of the Rules insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (SPANISH FARM ESTATE HOME OWNERS ASSOCIATION and its Nominated Occupant(s)) who will fully comply therewithconstitution. A breach • The Purchaser acknowledges that in terms of the Rules by conditions of subdivision and 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 Purchaser (or its Nominated Occupant(s)) will constitute a material breach registered owner of this Contract.
10.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.
10.4 . The Purchaser shall be obliged to maintain bound by the Property in a fit and proper condition.
10.5 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.
10.6 The Purchaser shall be liable for all water and electricity consumed in respect Constitution of the Property as from Home Owners Association and the Occupation Date.
10.7 The Purchaser shall not use the Property or the Common Property rules promulgated 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 terms thereof. • A copy of the Scheme or Buildings or which Constitution is likely to attached hereto and marked Schedule “C”. The Home Owners Association will also have the effect of increasing right to amend the premiums payable in terms of any such insurance policy.
10.8 The Purchaser shall be entitled Constitution from time to use time if necessary with 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 applicable municipality. • 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 the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.
10.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the Body Corporate Association shall be responsible for any damages the duties imposed by its constitution for which the Purchaser and/or Nominated Occupant(s) and/or their guests and invitees may suffer as all members will contribute 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 levy to be determined by the condition Association from time to time. • It is further agreed that a condition, substantially in accordance with the following wording, shall be included in the title deed of the Property or any part of property sold hereby: “Subject further to the Scheme and/or any improvement thereon or equipment therein or following condition imposed by the conduct Transferor for the benefit of any person in the service of the Seller, the Managing Agent, Body Corporate or trustees of the Body Corporate.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agent, the Body Corporate or the trustees of the Body Corporate.the
Appears in 1 contract
Sources: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. Should the Occupation Date occur prior to the Transfer Date, the following conditions will apply to the Purchaser from the Occupation Date up to the Transfer Date:
10.1 12.1 The Purchaser will comply with all the duties placed on an owner as described in section inspection 44(1) of the Sectional Titles Act and section 13 of the Sectional Titles Schemes Management Act.;
10.2 12.2 The provisions of the Rules Rules, insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.;
10.3 12.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.Corporate (if in existence);
10.4 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.;
10.5 12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of sellingSelling, donating or in any other manner alienating or disposing of any portion thereof to any other person.;
10.6 12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date.;
10.7 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.;
10.8 12.8 The Purchaser shall be entitled to use the Property only for residential purposes.;
10.9 12.9 No person other than a bona fide guest of the Purchaser or Nominated Occupant(s) may occupy the Property Property, pending transfer, without the prior written consent of the Seller.;
10.10 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 it, or to carry out any maintenance or repairs which the Seller may may, in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.;
10.11 12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 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 purchaser, occupant or resident in the Scheme 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 inforce and pertaining to the Erf or Scheme.
10.13 12.13 Neither the Seller nor the Estate Manager / Managing Agent, Body Corporate or the trustees of the Body Corporate 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 condition of the Property 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.
10.14 12.14 The Purchaser hereby indemnifies the Seller, Estate Manager / Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Estate Manager / Managing Agent, the Body Corporate or the trustees of the Body Corporate.
Appears in 1 contract
Sources: Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. 7.1 Should the Occupation Date occur of 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 conditions will apply to the Purchaser from the Occupation Date up to the Transfer Dateshall apply:
10.1 The Purchaser will comply 7.1.1 save insofar as may be inconsistent with all the duties placed on an owner as described in provisions of this agreement, the provisions of section 44(1) of the Sectional Titles Act and section 13 of shall apply;
7.1.2 the Sectional Titles Schemes Management Act.
10.2 The provisions of the Body Corporate Rules insofar as they cast any duty upon the owner, resident owner or occupier of a sectionunit, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules be enforceable by the Seller;
7.1.3 the Purchaser (may not make any alterations or its Nominated Occupant(s)) will constitute a material breach of this Contract.additions to the unit;
10.3 The 7.1.4 the Purchaser shall maintain the unit in good order and condition;
7.1.5 the Purchaser shall not be entitled to make alienate or sell or transfer the unit and/or cede any additions, alterations or modifications rights in respect of any nature to the Property, without exclusive use areas except with the prior written consent of the Seller and who may charge a fee in respect of such resale for documentation, vetting of purchaser, obtaining legal advice, administration fee, etc in an amount not exceeding 2% (two percent) of the resale price.
7.2 Pending the establishment of the Body Corporate.:
10.4 The Purchaser 7.2.1 the Seller shall be obliged to insure the building and all improvements, fixtures and fittings in or upon the Property for the full replacement value thereof against reasonable risks as the Seller may decide;
7.2.2 the Seller shall maintain the Property common Property, including the basement parking and open parking bay, and keep same in a fit state of good and proper serviceable repair and in a neat, tidy and sanitary condition.;
10.5 The Purchaser 7.2.3 the Seller shall not be entitled to subdivide administer the Section for the purpose of selling, donating or in any other manner alienating or disposing of any portion thereof to any other person.
10.6 The Purchaser shall be liable for Property as administrator and make all water and electricity consumed payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Property as from common property and all other charges in connection with the Occupation Date.
10.7 common property. 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.
10.8 The Purchaser Seller shall be entitled to use collect these costs, insofar as the Property only for residential purposes.Purchaser is liable to pay a pro rata share thereof in terms of Clause 6.3.4, from the Purchaser;
10.9 No person other than a bona fide guest 7.2.4 After establishment of the Purchaser or Nominated Occupant(s) may occupy the Property without the prior written consent of the Seller.
10.10 The SellerBody Corporate, 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 the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.
10.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or 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 purchaser, occupant or resident in the Scheme 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.
10.13 Neither the Seller nor the Managing Agent, Body Corporate or the trustees of the Body Corporate shall be responsible for refund 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 amounts paid by the condition Seller in terms of Clause 7.2.1 – 7.2.3 hereof beyond the date of registration of transfer of the Property or any part of the Scheme and/or any improvement thereon or equipment therein or by the conduct of any person first unit in the service of scheme to the Seller, the Managing Agent, Body Corporate or trustees of the Body Corporate.
10.14 The Purchaser hereby indemnifies the Seller, Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Managing Agent, the Body Corporate or the trustees of the Body Corporate.
Appears in 1 contract
Sources: Offer to Purchase
CONDITIONS APPLICABLE PENDING TRANSFER. Should the Occupation Date occur prior to the Transfer Date, the following conditions will apply to the Purchaser from the Occupation Date up to the Transfer Date:
10.1 12.1 The Purchaser will comply with all the duties placed on an owner as described in section inspection 44(1) of the Sectional Titles Act and section 13 of the Sectional Titles Schemes Management Act.;
10.2 12.2 The provisions of the Rules insofar as they cast any duty upon the owner, resident or occupier of a section, shall bind the Purchaser (and its Nominated Occupant(s)) who will fully comply therewith. A breach of the Rules by the Purchaser (or its Nominated Occupant(s)) will constitute a material breach of this Contract.;
10.3 12.3 The Purchaser shall not be entitled to make any additions, alterations or modifications of any nature to the Property, without the prior written consent of the Seller and the Body Corporate.Corporate (if in existence);
10.4 12.4 The Purchaser shall be obliged to maintain the Property in a fit and proper condition.;
10.5 12.5 The Purchaser shall not be entitled to subdivide the Section for the purpose of sellingSelling, donating or in any other manner alienating or disposing of any portion thereof to any other person.;
10.6 12.6 The Purchaser shall be liable for all water and electricity consumed in respect of the Property as from the Occupation Date.;
10.7 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.;
10.8 12.8 The Purchaser shall be entitled to use the Property only for residential purposes.;
10.9 12.9 No person other than a bona fide guest of the Purchaser or Nominated Occupant(s) may occupy the Property pending transfer without the prior written consent of the Seller.;
10.10 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 the Seller may in terms hereof be obliged or entitled to perform, whether such repairs relate to the Property 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.;
10.11 12.11 The Purchaser may use and enjoy only those parts of the Common Property which are completed, in such manner so as not to interfere with the use and enjoyment thereof by other purchasers, occupiers or persons lawfully present in the Scheme. The Purchaser may not use and enjoy those parts of the Scheme which are not completed, or are in the process of being completed. The Purchaser shall ensure that its visitors and invitees comply with the provisions of this sub-clausesub‐clause.
10.12 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 purchaser, occupant or resident in the Scheme or interfere with the amenities of the Scheme so as to breach any law, ordinance, by-law by‐law or town planning and/or zoning scheme in force and pertaining to the Erf or Scheme.
10.13 12.13 Neither the Seller nor the Estate Manager / Managing Agent, Body Corporate or the trustees of the 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 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.
10.14 12.14 The Purchaser hereby indemnifies the Seller, Estate Manager / Managing Agent, Body Corporate and the trustees of the Body Corporate against any claim which its Nominated Occupant(s) or any visitor, guest, invitee or employee or tenant of the Purchaser and/or Nominated Occupant(s) may institute against them on the basis of personal injuries or loss or damage to property, regardless of whether such injuries, loss or damage were caused by the condition of the Scheme or the Property and any improvement thereon or equipment therein or by the conduct of any person in the service of the Seller, Estate Manager / Managing Agent, the Body Corporate or the trustees of the Body Corporate.
Appears in 1 contract
Sources: Deed of Sale