POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended. 11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser. 11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. 11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. 11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date. 11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date. 11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows: 11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and 11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date. 11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 4 contracts
Samples: Agreement of Sale, Sale Agreement, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Contractual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Contractual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Contractual Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Contractual Occupation Date, but the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Contractual Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Contractual Occupation Date. Failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.3, monthly in advance on the first day of each and every month to the Seller until the transfer date (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement; or
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the Parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.11 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit or the Contractual Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the Contractual Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.12 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.13 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 4 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 11.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Occupation Date. If , from which date the Seller anticipates that the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 11.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk 11.3 Risk in the Property and possession thereof will pass to the Purchaser on the Transfer Completion Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the “Works”, as defined in the Building Agreement, and in respect of any contents held on the Property or inside the building constructed as part of the “Works”. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 11.4 The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 11.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 11.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 3 contracts
Samples: Sale Agreement, Agreement of Sale, Sale Agreement
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the building constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 12.4 The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 Risk in the Works will pass to the Purchaser on the Completion Date.
12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated completion date as referred to in Clause 2.12 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the estimated completion date (as per Clause 2.12 of the Covering Schedule), of the new expected Completion Date. Between The Purchaser shall have no claim against the Occupation Date Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date, having been amended and delayed.
12.8 The Property will during the construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Rules will be binding Completion Date, if accompanied by the Contractor, on the Purchasera pre-arranged time.
Appears in 3 contracts
Samples: Turnkey Agreement of Sale, Turnkey Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If In the event that the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to by reason of the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.411.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.511.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.611.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.711.6. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 11.6.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and
11.7.2 11.6.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.811.7. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in 8.1 Possession and occupation of the Property as close as possible to the Occupation Date. If shall be given by the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified and taken by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date, and this shall be the date upon which all risk and benefit attaching to the Property shall pass to the Purchaser.
11.5. The 8.2 Notwithstanding the provisions of clause 8.1 above, the Seller may, in its sole and absolute discretion, allow the Purchaser shall be liable for all Interim Levies, rates or the Nominated Occupant(s) to take possession and taxes and water and electricity consumed in respect occupation of the Property on or after the Completion Date if:
8.2.1 The Local Authority has issued an occupancy certificate for the Section;
8.2.2 the Purchase Price has been fully paid or secured; and
8.2.3 the Managing Agent (or the Health Care Provider) acting on behalf of the trustees of the Body Corporate has given its written approval in terms of clause 9.4.
8.3 Should the Seller allow earlier occupation and possession in terms if clause 8.2, then the Occupation Date shall then be the date upon which all risk and benefit attaching to the to the Property shall pass to the Purchaser. For purposes of clarity, the external structure of the Building(s) is insured by the Body Corporate.
8.4 As from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and up until the Transfer Date.
11.7. Occupational Interest is payable by , the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advanceadvance Occupational Interest in the amount of 0.45% (ZERO POINT FOUR FIVE PERCENT) of the Purchase Price plus VAT in the following manner:
8.4.1 Occupational Interest payments for subsequent months, the first payment to if any, shall be made on or before by the Occupation Date and thereafter Purchaser in advance on the first day each of such subsequent month, months; and
11.7.2 The 8.4.2 the Purchaser shall, shall on the Transfer Date, transfer be refunded a pro pro-rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.88.5 The Purchaser acknowledges that on the Completion Date and/or the Transfer Date construction of parts of the Scheme, the Building and/or the Common Property may not yet have been completed. Between The Purchaser accordingly hereby agrees that he will not by reason of the fact that the Building or any part of the Scheme or Common Property has not been fully completed as aforesaid have any claim against the Seller, it’s contractors and/or employees or as a result or in respect of any nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising, nor in respect of general delictual liability; nor shall the Purchaser for any of the aforementioned reasons, be entitled to withhold performance of any obligation, or payment of any amount owing by him in terms of this Contract, including Levies.
8.6 If at any time after the Occupation Date and any damage is done to the Transfer Date Property, the provisions Purchaser shall, without detracting from his rights to claim such damages as can be proven, not be entitled to refuse to accept transfer of the Rules Property, nor to deduct from or purport to set off against any balance of the Purchase Price payable against the registration of transfer of the Property, any amount of alleged damages that he may have suffered.
8.7 It is recorded that the site on which the Buildings are to be constructed will throughout the construction period be binding under the control of the Contractor and that, prior to the hand over inspection mentioned in clause 7.3, the Purchaser shall not be entitled to have any access to the Building or the Property unless accompanied by the Seller’s representative or the Agent and with the prior consent of the Contractor, which consent may be subject to certain conditions, including the adherence to health and safety protocols and procedures by the Purchaser (and/or its representatives, agents and invitees). The Purchaser undertakes that it shall not interfere with the construction of the Building or the Property, and acknowledges that any correspondence sent or documentation generated by or on behalf of the PurchaserPurchaser (or any other party) during or after such site visit(s) shall not be deemed to be the snag list as mentioned in clause 7.3.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
POSSESSION AND OCCUPATION. 11.1. 11.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 11.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 11.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the building constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 11.4 The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 11.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 11.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.811.6 Risk in the Works will pass to the Purchaser on the Completion Date.
11.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. Between The Purchaser shall have no claim against the Occupation Date and Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
11.8 The Property will during the provisions construction period be under the control of the Rules Contractor and the Purchaser will only be binding entitled to access the Property, prior to the Completion Date, if accompanied by the Contractor, on the Purchasera pre-arranged time.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.118.1 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clause 4.1 above.
18.2 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.3 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be placed vacated forthwith.
18.4 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.5 Should the Purchaser be in occupation of the Property as close as possible Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.5.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.5.2 commits any other breach or fails to comply with any other term of this Agreement;
18.5.3 refuses to sign the Letter of Satisfaction which may be required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted;
18.6 The Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
18.7 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit or the Occupation Date. If , then the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for damages or for compensation of any other nature consequential to occupation within 180 (one hundred and eighty) days after the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in then the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable resile from this Agreement by the Purchaser written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.8 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.9 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be liable for all expenses pertaining to the Property, provided that the Purchaser will be liable for rates and taxes in respect of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Transfer Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the building constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 12.4 The Purchaser shall be liable for all Interim Levies, rates and taxes levies and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 Risk in the Works will pass to the Purchaser on the Completion Date.
12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated completion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the estimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Completion Date. Between The Purchaser shall have no claim against the Occupation Date Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date, having been amended and delayed.
12.8 The Property will during the construction period be under the control of the Developer and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Rules will be binding Completion Date, if accompanied by the Developer, on the Purchasera pre-arranged time.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the actual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the actual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Occupation Date, but the Seller may notify the Purchaser of an earlier actual Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the actual Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the actual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The actual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.11 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit on the actual Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.12 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.13 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the building constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 12.4 The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 Risk in the Works will pass to the Purchaser on the Completion Date.
12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated completion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the estimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Completion Date. Between The Purchaser shall have no claim against the Occupation Date Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date, having been amended and delayed.
12.8 The Property will during the construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Rules will be binding Completion Date, if accompanied by the Contractor, on the Purchasera pre-arranged time.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
POSSESSION AND OCCUPATION. 11.112.1. The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.312.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.412.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.512.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.612.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Occupation Date prior to the Transfer Date is after the Completion Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1. The Purchaser shall as from the Occupation Date to the Transfer Date be liable for and pay the Occupational Interest Interest, as may be instructed to the Seller or to Transferring Attorney, who will receive same on behalf of the Seller, monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of the Works and in respect of any contents held on the Property or inside the building constructed as part of the Works. The Purchaser acknowledges his responsibility to insure the Property, all improvements thereon and the contents thereof.
11.5. 12.4 The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 Risk in the Works will pass to the Purchaser on the Completion Date.
12.7 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated completion date as referred to in Clause 4.1 of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the estimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Completion Date. Between The Purchaser shall have no claim against the Occupation Date Seller for damages or for compensation of any other nature by reason of the Completion Date, and, consequently, the Transfer Date, having been amended and delayed. INITIAL
12.8 The Property will during the construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the provisions of Property, prior to the Rules will be binding Completion Date, if accompanied by the Contractor, on the Purchasera pre-arranged time.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 13.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property, especially the payment of Levies in accordance with Clause 22 read with Clause 6 of the Covering Schedule pro rata monthly in advance. If the Seller anticipates that the The Occupation Date will differ from shall be the expected Occupation Date, it shall give notice to date on which the Purchaser thereof, at least 30 (Thirty) days prior to Certificate of Occupancy are issued by the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation City of any other nature consequential to the Occupation Date having been amendedCape Town.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 13.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. The Purchaser furthermore acknowledges and confirms that he will have no claim for damages of whatsoever nature against the Seller and/or the Developer as a consequence of having to ensure a certain amount of nuisance, noise and/or any other inconvenience within the Scheme and/or the Development as provided for in herein.
11.4. 13.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Occupation Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 13.4 The Purchaser shall be liable for all Interim Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property as from the Occupation Date.
11.6. 13.5 The Purchaser shall not be entitled to make any alterations or modifications Occupational Rental, as set out in Clause 3.7 of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest Covering Schedule, is payable by the Purchaser to the Seller if the Transfer Occupation Date is after the Completion Date but prior to the Transfer Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 13.6 The Purchaser shall pay the Occupational Interest Rental to the Seller Transferring Attorneys, who will receive same on behalf of the Seller, monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day of each subsequent month, and.
11.7.2 13.7 Occupation shall be given by the Seller and taken by the Purchaser once the Certificate of Occupancy and/or temporary Certificate of Occupancy have been issued by the City of Cape Town.
13.8 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest Rental that has been paid in advance in respect of the period after the Transfer Date.
11.813.9 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
13.10 Between the Occupation Date and the Transfer Date Date, the provisions of the Constitution, the Governing Rules and the Body Corporate Rules will be binding on the PurchaserPurchaser as if the Purchaser had already taken transfer of the Property.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Occupation Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications Occupational Rental, as set out in Clause 3.7 of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest Covering Schedule, is payable by the Purchaser to the Seller if the Transfer Occupation Date is after the Completion Date but prior to the Transfer Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest Rental to the Seller Transferring Attorney, who will receive same on behalf of the Seller, monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest Rental that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7 Between the Occupation Date and the Transfer Date the provisions of the SCEMHOA Constitution and the Rules as well as the Body Corporate Rules will be binding on the PurchaserXxxxxxxxx.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Seller shall give and the Purchaser shall take occupation of the Unit on the Contractual Occupation Date.
18.2 The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 4.1 and 18.1.
18.3 The Seller shall be placed entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.4 Contractual Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.5 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.6 Should the Purchaser be in occupation of the Property as close as possible Subject Matter and registration of transfer is delayed by reason thereof that the Purchaser:
18.6.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.6.2 commits any other breach or fails to comply with any other term of this Agreement;
18.6.3 refuses to sign the Letter of Satisfaction required by the financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted;
18.7 The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Occupation Date. Section, by or at the request of Purchaser, not having been completed.
18.8 If for any reason whatsoever the Seller anticipates that is unable to give the Occupation Date will differ from Purchaser occupation of the expected Unit on the Contractual Occupation Date, it shall give notice to then the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for damages or for compensation of any other nature consequential to occupation within 180 (one hundred and eighty) days after the Contractual Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in then the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable resile from this Agreement by the Purchaser written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the Deposit together with any interest earned thereon.
18.9 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.10 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6 In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7 Between the Occupation Date and the Transfer Date the provisions of the Constitution, the Governing Rules and the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation of the Property as close as possible to on the Occupation Date. If In the event that the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to by reason of the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.411.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.511.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.611.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.711.6. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 11.6.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and
11.7.2 11.6.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.811.7. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
11.8. The Seller agrees that the Property may be let to a suitable tenant on behalf of the Purchaser from the Occupation Date. INITIAL
11.9. The parties agree that, for convenience and in the interest of the security of the development that one rental agent be appointed to act on behalf of all purchasers purchasing from the Agent, in securing tenants and to this end the parties agree that SA Investor Rentals Pty LTD t/a IGrow Rentals, be appointed as the sole and exclusive Letting agency for all units that was purchased from the Agent, to procure and place tenants for the properties, in terms whereof IGrow Rentals aims to ensure that:
11.9.1. The interests of investor purchasers of properties in the development are protected to the extent that they obtain the best market related rental income for their investment properties;
11.9.2. To ensure that all efforts are made to source suitable tenants with the satisfactory creditworthiness.
11.10. The Purchaser hereby engages IGrow Rentals to manage the rental of the Property for the first two years while the Purchaser is the registered owner of the Property. A separate rental management agreement will be concluded between Purchaser and IGrow Rentals.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 8.1 The Seller shall ensure that the subject matter is available for occupation by the possession date which shall not be later than the transfer date, on which date all risk and benefit in respect of the apartment or the subject matter (as applicable) shall pass to the Purchaser.
8.2 If transfer of the apartment is registered after the possession date, the Purchaser shall pay to the Seller occupational interest at the prime rate calculated on the full purchase price from the possession date until the date of registration of transfer (both dates inclusive).
8.3 Should the Purchaser:
8.3.1 fail to pay any amount due in terms of this agreement or sign any document which the Purchaser is required to sign in terms of this agreement; or
8.3.2 commit any other breach of the provisions of this agreement; and fail to remedy such failure and/or breach within 7 days after receipt from the Seller or the Seller’s attorneys of a request to do so, then the interest payable by the Purchaser in terms of clause 8.2 shall be placed in the rate of 3% above the prime rate for as long as such failure and/or breach continues.
8.4 Neither the Purchaser nor any person or firm employed by the Purchaser shall carry out any work on or to the apartment or the exclusive use areas prior to registration of transfer of the subject matter to the Purchaser. Any work subsequent thereto shall not be carried out without the prior written consent of the Trustees of the Body Corporate, if applicable.
8.5 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Property as close as possible to apartment and the Occupation Date. If storeroom (if applicable) and / or the Seller anticipates that exclusive use areas by the Occupation Date will differ from possession date, then the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the apartment not be available for damages or for compensation of any other nature consequential to occupation within two months after the Occupation Date having been amended.
11.2. If possession date, then the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed entitled to resile from this agreement by written notice to the Seller to such effect in respect of which case the Property from the Occupation Date.
11.6. The Purchaser shall not only be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect claim repayment of the period after the Transfer Datedeposit plus accrued interest thereon.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.118.1 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clause 4.1 above.
18.2 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.3 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be placed vacated forthwith.
18.4 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.5 Should the Purchaser be in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates Subject Matter and registration of transfer be delayed by reason thereof that the Occupation Date will differ from the expected Occupation Date, it shall give notice Purchaser:
18.5.1 fails or refuses to the Purchaser thereof, at least 30 (Thirty) days prior pay any amount due in terms of this Agreement or to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of sign any other nature consequential to the Occupation Date having been amended.
11.2. If document which the Purchaser is required to sign in breach of any one or more of the provisions terms of this Agreement, ; or
18.5.2 commits any other breach or fails to comply with any other term of this Agreement;
18.5.3 refuses to sign the Seller Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.6 The Occupation Date shall under no circumstances be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.7 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.8 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.9 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit or the Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.10 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.11 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.19.1 The Seller shall give to the Purchaser not less than 30 (thirty) days’ notice in writing of the Occupation Date.
9.2 Occupation of the Section and the Exclusive Use Areas shall be taken by the Purchaser on the Occupation Date, on which date all risk and benefit in the Section shall pass to the Purchaser and from which date the Purchaser shall be liable for the payment of levies assessed in terms of Section 25 of the Management Rules, read together with Section 3 of the STSMA, certified by the Seller to be the bona fide estimate of such levies, as if the Body Corporate had come into existence on the Occupation Date, which levies shall be pro rated for any period less than one month. The Purchaser shall be placed pay the aforesaid levies, or a pro rata amount thereof, if applicable, directly to the Seller, monthly in advance, without any deduction or set-off, commencing from the Occupation Date.
9.3 Should the Purchaser fail to take occupation on the Occupation Date, the Purchaser hereby authorises the Architect to accept occupation of the Property as close as possible Section and the Exclusive Use Areas on behalf of the Purchaser, by accepting the keys to the Section. The failure on the part of the Purchaser or Architect to take physical occupation of the Section and Exclusive Use Areas on the Occupation Date or to accept the keys to the Section shall not affect the Occupation Date. If the Seller anticipates that .
9.4 From the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk the Purchaser will pay to the Seller an occupation consideration equal to the Prime Rate on the purchase price, which occupation consideration shall be paid to the Attorneys, monthly in advance, without any deduction or set-off.
9.5 Possession of the Property Unit and possession thereof will pass Exclusive Use Areas shall be given to the Purchaser on the Transfer Date.
11.5. 9.6 The Purchaser Architect shall be liable issue a signed certificate that the Section is available and ready for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between beneficial occupation on the Occupation Date and such certificate shall be binding upon the Seller and the Purchaser.
9.7 Should the Seller, for whatever reason, be able to give occupation of the Section prior to, or not be able to give occupation of the Section to the Purchaser on the Occupation Date, the Purchaser shall accept occupation of the Section on such date upon which the Seller notifies the Purchaser that the Section is ready for occupation and such date will be deemed for all purposes to be the Occupation Date. It shall not be necessary for the Seller to give to the Purchaser any formal notice of a delayed Occupation Date and the Purchaser undertakes to accept a written notice given by the Seller for this purpose.
9.8 The Purchaser will have no claim whatsoever against the Seller, should the Seller for whatever reason fail to give occupation on the anticipated Occupation Date recorded in the clause 9.1 notice.
9.9 Until the Transfer Date, the Purchaser shall not sell, let, or in any other manner dispose of or part with the Section and/or the Exclusive Use Area(s) or any of his rights thereto, including but not limited to the transfer or cession of shares or members’ interest or benefit under a company, close corporation or trust, as the case may be if the Purchaser is such an entity, without the Seller’s written consent first being had and obtained. When granting consent, the Seller shall be entitled to impose such reasonable conditions as it considers necessary.
11.7. Occupational Interest is payable by 9.10 Should the Purchaser be in occupation of the Section and the Exclusive Use Areas from the Occupation Date and should the Purchaser fail to pay the Seller if occupation consideration as contemplated in clause 9.4 above, then the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller Seller, monthly in advance, interest on the first full occupation consideration outstanding at a rate of 5% (five percent) above the Prime Rate, calculated from the date when the occupation consideration was due until the payment to be made on or before of the occupation , both days inclusive.
9.11 From the Occupation Date and thereafter on until the first day each subsequent monthTransfer date, and
11.7.2 The the Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date: 9.
11.8. Between 11.1 keep the Occupation Date Section in good order and the Transfer Date the provisions of the Rules will be binding on the Purchaser.repair;
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 12.1 The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 12.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 12.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.5. 12.4 The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 12.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. 12.6 Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1.
11.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that on the Occupation Date will differ from or the expected Occupation Completion Date, it shall give notice as defined in the Building Agreement, whichever is the earlier, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property, provided that occupation will only be given to the Purchaser thereofif the Purchaser has complied with all the obligations, at least 30 (Thirty) days prior to terms and conditions of this Agreement as well as the expected Occupation Date. The Purchaser shall have no claim against Building Agreement, in the Seller for damages or for compensation sole and absolute discretion of any other nature consequential to the Occupation Date having been amendedSeller.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 11.2 The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. 11.3 Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof the Dwelling will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property or the Dwelling after the Occupation Date or the Transfer Date, whichever is the earlier. The Purchaser acknowledges his responsibility to insure the Property and the Dwelling, as the case may be, all improvements thereon and the contents thereof.
11.5. 11.4 The Purchaser shall be liable for all Interim Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property and the Dwelling from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations , or modifications of any nature to the Property between the Occupation Date and the Transfer Date, whichever is the earlier.
11.7. 11.5 The Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 11.5.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.5.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 4.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
4.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Occupation Date by up to a further 180 (One Hundred and Eighty) additional calendar days by written or verbal notice to the Purchaser. If the subject matter is fit for occupation prior to the Occupation Date, but the Seller may notify the Purchaser of an earlier Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Occupation Date.
4.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined.
4.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
4.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
4.6 The Seller shall use its best endeavours to procure that the Subject Matter is available for occupation by the estimated occupation date.
4.7 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2 of the IS, payable monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
4.8 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
4.8.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
4.8.2 commits any other breach or fails to comply with any other term of this Agreement;
4.8.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
4.9 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 4.10 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
4.11 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
4.12 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit by the estimated occupation date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the estimated occupation date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Property between Seller to such effect in which case the Occupation Date and Purchaser shall have no further claim against the Transfer DateSeller other than a refund of the Deposits together with any interest earned xxxxxxx.
11.7. Occupational Interest is payable 4.13 Possession of the Subject Matter shall be given to and taken by the Purchaser on transfer.
4.14 Notwithstanding anything to the contrary contained in this Agreement, the Purchaser hereby consents to and grants permission to the Transferring Attorneys to utilize any cash credit held by them for the Purchaser towards payment of occupational interest due by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken or towards payment for “extras” requested by the Purchaser, which Occupational Interest will Purchaser from the Seller.
4.15 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.113.1. The Purchaser shall earliest date of possession and occupation will be placed the date as referred to in occupation Clause 4 of the Property as close as possible to Covering Schedule. In the Occupation Date. If event that the Seller anticipates that the actual Occupation Date will differ from not be the expected Occupation Dateaforesaid date, it shall give notice to the Purchaser thereofPurchaser, at least 30 (Thirty) days prior to the expected Occupation Date, of the new expected date of occupation. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to by reason of the Occupation Date having been amended.
11.213.2. If Provided the Purchaser is has complied with all his obligations in breach of any one or more of the provisions terms of this Agreement, including, without limiting the Seller shall be entitledgenerality of the aforegoing, but not obligedpayment of the Deposit and due delivery of a valid guarantee for the Balance of the Purchase Price, to refuse the purchaser occupation of the Property until the breach has been rectified shall be given by the PurchaserSeller and taken by the Purchaser on the Occupation Date.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.413.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.513.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of right to rent the Property from passes to the Purchaser on the Occupation DateDate provided that Purchaser has met all obligations in terms of 13.6 hereafter.
11.613.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.713.6. Occupational Interest calculated at 0.5% (Zero point Five) of the Purchase Price per month is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 13.6.1. The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 13.6.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.813.7. The Purchaser acknowledges that on the Occupation Date construction of parts of the Building and the Common Property may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
13.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.112.1. The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.312.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or and the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.412.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages in respect of any contents held on or inside the Property. The Purchaser acknowledges his responsibility to insure the contents held by him on or inside the Property.
11.512.4. The Purchaser shall be liable for all the Interim Levies, Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.612.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Occupation Date prior to the Transfer Date is after the Completion Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.5.1. The Purchaser shall as from the Occupation Date to the Transfer Date be liable for and pay the Occupational Interest Interest, as may be instructed to the Seller or to Transferring Attorney, who will receive same on behalf of the Seller, monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.5.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.6. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Transfer Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Transfer Date, of the new expected Transfer Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Transfer Date having been amended.
12.7. Between the Occupation Date and the Transfer Date the provisions of the Constitution and the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The 7.1 Subject to payment of the deposit by the Purchaser shall be placed as contemplated in clause 4.1.1, possession and occupation of the Property as close as possible shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Occupation Purchaser.
7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. If .
7.3 Notwithstanding the aforesaid and should the Seller anticipates for whatsoever reason fail to give the Purchaser occupation of the Property by the Estimated Possession Date, the Purchaser acknowledges the fact that the Occupation Estimated Possession Date will differ from the expected Occupation Date, it shall give notice to is only an estimated date and the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against the Seller for damages or for compensation as a result of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreementsuch failure, and the Seller shall be entitledentitled to extend such date upon written notice to the Purchaser.
7.4 The Seller shall endeavour to give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession of the Property to the Purchaser.
7.5 Occupation of the Property by the Purchaser or anybody through the Purchaser shall not create a tenancy, but not obligedthat is to say, in the event of this Agreement being cancelled all rights to refuse the purchaser occupation of the Property until shall lapse and the breach has been rectified by the PurchaserProperty shall be forthwith vacated.
11.3. 7.6 The Purchaser acknowledges that on all sections within the Scheme may at the Transfer Date construction of parts of not be fully complete and that the Scheme and/or the Building Purchaser may not yet have been completedsuffer a slight inconvenience as a result. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisanceSeller will however, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk ensure that should such sections in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature close proximity to the Property between the Occupation Date not be complete that it will be secured and the Transfer Dateclosed off to limit any such inconvenience.
11.7. Occupational Interest is payable by 7.7 From the Purchaser to the Seller if the Transfer Possession Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and until the Transfer Date the provisions Purchaser shall -
7.7.1 keep the Property in good repair;
7.7.2 permit the Seller or its agents at all reasonable times to enter and inspect the Property subject thereto that the Purchaser has been given prior notice of any such intended inspection;
7.7.3 be responsible for all costs of electricity and water, which will include warm water should a central warm water system be installed, consumed on any part of the Rules will Property insofar as these may be binding on separately metered;
7.7.4 be responsible for all obligations of an owner of a section and the Purchaserperson holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and
7.7.5 comply with all rules and regulations applicable to the Scheme.
7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.
Appears in 1 contract
Samples: Deed of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Occupation Date, but the Seller may notify the Purchaser of an earlier Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share reason of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datesuch building operations.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Contractual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Contractual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Contractual Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Contractual Occupation Date, but the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Contractual Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Contractual Occupation Date. Failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.3, monthly in advance on the first day of each and every month to the Seller until the transfer date (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement; or
18.7.3 refuses to sign the Letter of Completion / Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the Parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.11 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit or the Contractual Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the Contractual Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to have no further claim against the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded other than a pro rata share of any Occupational Interest that has been paid in advance in respect refund of the period after the Transfer Datedeposit together with any interest earned thereon.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.19.1 The Seller shall give to the Purchaser 30 (thirty) days’ notice in writing of the Occupation Date, which date may be extended by the Seller, in which event the Seller shall give the Purchaser 10 (ten) days’ notice in writing.
9.2 Occupation of the Section and the Exclusive Use Areas shall be taken by the Purchaser on the Occupation Date, on which date benefit in the Section shall pass to the Purchaser and from which date the Purchaser shall be liable for the payment of levies assessed in terms of Section 25 of the Management Rules, read together with Section 3 of the STSMA, certified by the Seller to be the bona fide estimate of such levies, as if the Body Corporate had come into existence on the Occupation Date, which levies shall be pro-rated for any period less than one month. The Purchaser shall pay the aforesaid levies, or a pro rata amount thereof, if applicable, directly to the Seller, monthly in advance, without any deduction or set-off, commencing from the Occupation Date. In the event that the Purchaser has taken loan finance to be placed secured by a mortgage bond, the Purchaser hereby undertakes, on the Occupation Date, to sign any certificate of completion, as may be required by its bankers for the purposes of registration of the mortgage bond over the Section. The Purchaser hereby acknowledges that the signature of the aforesaid certificate of completion does not absolve the Seller from its obligation to remedy any defects in the Section as provided for in clause 10.2 read with clause 10.1.
9.3 Should the Purchaser fail to take occupation on the Occupation Date, the Purchaser hereby authorises the Architect to accept occupation of the Section and the Exclusive Use Areas on behalf of the Purchaser, by accepting the keys to the Section. The failure on the part of the Purchaser or Architect to take physical occupation of the Section and Exclusive Use Areas on the Occupation Date or to accept the keys to the Section shall not affect the Occupation Date.
9.4 From the Occupation Date until the Transfer Date, the Purchaser will pay to the Seller an occupation consideration equal to the Prime Rate on the purchase price, which occupation consideration shall be paid to the Attorneys, monthly in advance, without any deduction or set-off.
9.5 The Architect shall issue a signed certificate that the Section is available and ready for beneficial occupation on the Occupation Date and such certificate shall be binding upon the Seller and the Purchaser.
9.6 Should the Seller, for whatever reason, be able to give occupation of the Section prior to, or not be able to give occupation of the Section to the Purchaser on the Occupation Date, the Purchaser shall accept occupation of the Section on such date upon which the Seller notifies the Purchaser that the Section is ready for occupation and such date will be deemed for all purposes to be the Occupation Date.
9.7 The Purchaser will have no claim whatsoever against the Seller, should the Seller for whatever reason fail to give occupation on the anticipated Occupation Date recorded in the clause 9.1 notice.
9.8 Once the Purchaser has taken occupation and until the Transfer Date, the Purchaser may let the Section, with the prior written consent of the Seller.
9.9 Should the Purchaser be in occupation of the Property as close as possible to Section and the Occupation Date. If the Seller anticipates that Exclusive Use Areas from the Occupation Date will differ and should the Purchaser fail to pay the occupation consideration as contemplated in clause 9.4 above, then the Purchaser shall pay to the Seller, monthly in advance, interest on the full occupation consideration outstanding at a rate of 5% (five percent) above the Prime Rate, calculated from the expected date when the occupation consideration was due until the payment of the occupation , both days inclusive.
9.10 From the Occupation DateDate until the Transfer date, it shall give notice the Purchaser shall:
9.10.1 keep the Section and Exclusive Use Areas in good order and repair;
9.10.2 permit the Seller or its agent reasonable access to enter and inspect the Section and Exclusive Use Areas;
9.10.3 be responsible for all costs of electricity and water consumed in the Section insofar as may be separately metered;
9.10.4 not make any improvements or alterations to the Purchaser thereofSection and/or Exclusive Use Areas, at least 30 (Thirty) days alter the colour scheme or redecorate, without the Seller’s prior to the expected Occupation Datewritten consent, which consent shall not be unreasonably withheld. The Purchaser shall not have no any claim against the Seller for damages or for compensation in respect of any other nature consequential expenditure for improvements or alterations to the Occupation Date having been amended.
11.2Section, 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 or alterations. If All improvements or alterations to the Section made by or at the instance or expense of the Purchaser is in breach of any one or more of shall accede to the Section and belong to the Seller;
9.10.5 save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Seller shall be entitled, but not obliged, Act and the STSMA; and
9.10.6 comply with all the rules and regulations applicable to refuse the purchaser Scheme.
9.11 The occupation of the Property until Section and the breach has been rectified Exclusive Use Areas by the Purchaser shall in no way constitute a tenancy between the Seller and the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation possession of the Property as close as possible to on the Occupation Date, or on such other date as the Parties may agree on in writing, from which date the Purchaser will be entitled to all income and be liable for all expenses pertaining to the Property. The Seller will remain responsible for the payment of all rates, refuse, sewerage, water and electricity charges levied by the local authority until the Transfer Date. If a pre-paid electricity meter has been installed on the Seller anticipates that the Occupation Date will differ from the expected Occupation DateProperty, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to will be liable for the expected Occupation Date. The Purchaser shall have no claim against payment of the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedelectricity charges.
11.2. If the Purchaser is has not complied with all his obligations in breach of any one or more of the provisions terms of this Agreement, including, without limiting the generality of the aforegoing, payment of the Deposit and due delivery of a valid guarantee for the Balance of the Purchase Price, the Seller shall be entitled, but not obliged, obliged to refuse the purchaser Purchaser occupation of the Property until in which event the breach has Purchaser shall only be entitled to occupation of the Property once such breaches have been rectified by remedied. In such event, the PurchaserPurchaser shall nevertheless be liable for payment of the Occupational Interest and shall be obliged to comply with the terms and conditions of this Agreement, irrespective of whether occupation of the Property is given or not.
11.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property will pass to the Purchaser on the Transfer Date.
11.4. The right to rent the Property passes to the Purchaser on the Transfer Date.
11.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.6. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Development may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.511.7. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property from after the Occupation Date.
11.6. The Purchaser shall not be entitled acknowledges his responsibility to make any alterations or modifications of any nature to insure the Property between the Occupation Date Property, all improvements thereon and the Transfer Datecontents thereof.
11.711.8. The Occupational Interest in the amount stipulated in Clause 6 of the Covering Schedule is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 11.8.1. The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.8.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.12.1 The Seller shall use its best endeavours to give occupation on the anticipated Occupation Date set out in the covering schedule but cannot warrant same. The Seller shall, however, give the Purchaser shall be placed not less than 30 days notice in occupation writing of the Property as close as possible to occupation date of the Occupation Date. If unit, provided that, the Seller anticipates that shall, after having given the Occupation Date will differ from Purchaser notice as contemplated aforesaid, be entitled to postpone the expected Occupation Date, it shall give occupation date by giving further notice to the Purchaser thereof, at least 30 (Thirty) to this effect within 21 days prior of date of receipt by the Purchaser of the first notice.
2.2 All risk and benefit in respect of the unit shall pass to the expected Occupation DatePurchaser on date of occupation.
2.3 If transfer of the unit is registered after the occupation date, the Purchaser shall pay to the Seller occupational interest at the prime rate calculated on the full purchase price from the possession date until the date of registration of transfer (both dates inclusive), subject to the provisions of clause 2.2 above. The Notwithstanding the above the Purchaser has the option of making full payment of the purchase price to the Conveyancers Trust Account by date of occupation, in which event, the interest which accrues on the investment of the funds in the Conveyancers Trust Account shall be paid to the Seller in full settlement of the occupational rental due by the Purchaser until date of registration of transfer.
2.4 Should the Purchaser:
2.4.1 fail to pay any amount due in terms of this agreement or sign any document which the Purchaser is required to sign in terms of this agreement; or
2.4.2 commit any other breach of the provisions of this agreement; and fail to remedy such failure and/or breach within 7 days after receipt from the Seller’s attorneys of a request to do so, then the interest payable by the Purchaser in terms of clause 2.3 above shall be the rate of 3% above the prime rate for as long as such failure and/or breach continues.
2.5 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the unit by the anticipated occupation date, then the Purchaser shall have no claim of whatsoever nature against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedas a result thereof.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. 2.6 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the Scheme building/s and the other structures and/or improvements, including infrastructure and roads in the Building scheme may not yet have been completed. The be incomplete and that the Purchaser accordingly hereby acknowledges that he might be subjected to nuisancemay suffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
2.7 The Seller shall be liable for payment of all electricity and water consumed in or on the unit until occupation.
2.8 The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Seller if section shall not affect the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaserof Occupation, which Occupational Interest will shall remain as defined.
2.9 The Seller and/or the Seller's duly authorised agent shall be payable as follows:
11.7.1 The Purchaser shall pay entitled to inspect the Occupational Interest to unit at all reasonable times during the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect currency of the period after the Transfer DateAgreement.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.1. 4.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
4.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, entitled to refuse postpone the purchaser occupation of the Property until the breach has been rectified Occupation Date by up to a further 90 (ninety) additional days by written or verbal notice to the Purchaser.
11.34.3 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined.
4.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
4.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
4.6 The Seller shall use its best endeavors to procure that the Subject Matter is available for occupation by the estimated occupation date.
4.7 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2 of the IS, payable monthly in advance on the first day of each and every month to the Seller or the Seller's attorneys until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
4.8 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
4.8.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
4.8.2 commits any other breach or fails to comply with any other term of this Agreement;
4.8.3 refuses to sign the Letter of Satisfaction required by the Financial Institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
4.9 In the event of any dispute as to when or whether beneficial occupation of the Unit has been given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
4.10 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any of the afore going to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
4.11 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
4.12 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit by the estimated occupation date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the estimated occupation date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Property between Seller to such effect in which case the Occupation Date and Purchaser shall have no further claim against the Transfer DateSeller other than a refund of the deposit together with any interest earned thereon.
11.7. Occupational Interest is payable 4.13 Possession of the Subject Matter shall be given to and taken by the Purchaser on transfer.
4.14 Notwithstanding anything to the contrary contained in this Agreement, the Purchaser hereby consents to and grants permission to the Transferring Attorneys to utilize any cash credit held by them for the Purchaser towards payment of occupational interest due by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken or towards payment for "extras" requested by the Purchaser, which Occupational Interest will Purchaser from the Seller.
4.15 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.112.1. The Purchaser shall earliest date of possession and occupation will be placed the date as referred to in occupation Clause 4 of the Property as close as possible to Covering Schedule. In the Occupation Date. If event that the Seller anticipates that the actual Occupation Date will differ from not be the expected Occupation Dateaforesaid date, it shall give notice to the Purchaser thereofPurchaser, at least 30 (Thirty) days prior to the expected Occupation Date, of the new expected date of occupation. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to by reason of the Occupation Date having been amended.
11.212.2. If Provided the Purchaser is has complied with all his obligations in breach of any one or more of the provisions terms of this Agreement, including, without limiting the Seller shall be entitledgenerality of the aforegoing, but not obligedpayment of the Deposit and due delivery of a valid guarantee for the Balance of the Purchase Price, to refuse the purchaser occupation of the Property until the breach has been rectified shall be given by the PurchaserSeller and taken by the Purchaser on the Occupation Date.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.412.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.512.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of right to rent the Property from passes to the Occupation Purchaser on the Transfer Date.
11.612.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.712.6. Occupational Interest calculated at 1% (One) of the Purchase Price per month is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 12.6.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 12.6.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.812.7. The Purchaser acknowledges that on the Occupation Date construction of parts of the Building and the Common Property may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
12.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in possession and occupation of the Property Property, on the date as close referred to in Clause 4 of the Covering Schedule, or on such other date as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedParties may agree on in writing.
11.2. If the Property is let, the Purchaser acknowledges that this Agreement is in breach of any one or more subject to the tenant's rights. The Purchaser warrants that they have acquainted themselves with the contents of the provisions lease Agreement. The Seller undertakes to give due and proper written notice to the tenant to vacate the Property.
11.3. If the Purchaser has not complied with all his obligations in terms of this Agreement, including, without limiting the generality of the aforegoing, payment of the Deposit and due delivery of a valid guarantee for the Balance of the Purchase Price, the Seller shall be entitled, but not obliged, obliged to refuse the purchaser Purchaser occupation of the Property until in which event the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts shall only be entitled to occupation of the Scheme and/or the Building may not yet Property once such breaches have been completedremedied. The In such event, the Purchaser accordingly hereby acknowledges that he might shall nevertheless be subjected liable for payment of the Occupational Interest and shall be obliged to nuisancecomply with the terms and conditions of this Agreement, noise and other inconvenience from whatsoever cause arising and howsoever arisingirrespective of whether occupation of the Property is given or not.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of right to rent the Property from passes to the Occupation Purchaser on the Transfer Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest in the amount stipulated in Clause 5.1 of the Covering Schedule is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Occupation Date, irrespective whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 11.7.1. The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.7.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between If the Occupation Date and registration of transfer has not taken place by the Transfer Date the provisions date stipulated in Clause 5.2 of the Rules Covering Schedule, the Occupational Interest payable will be binding on changed to the Purchaseramount stipulated in Clause 5.3 of the Covering Schedule.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.13.1. Subject to clause 3.2. occupation of the property shall be given to the Purchaser/s on the date of registration, alternatively prior to registration on a date agreed upon between the parties, alternatively on the date of completion of the unit whichever occurs later.
3.2. Should the purchaser elects to take occupation of the property prior to registration then:
3.2.1. The purchaser shall be liable for the monthly occupational interest being one (1) % percent per month, calculated on the full purchase price, from date of occupation to date of registration of the unit in the Purchaser's name.
3.2.2. The occupational interest shall be payable monthly in advance, which payment shall be made to the transfer attorney into the trust account, the details of which are provided for in Clause 3.2.3.hereof.
3.3. The purchaser hereby acknowledges that occupation of the property in no way whatsoever creates a tenancy.
3.4. The Seller shall give one calendar months notice in writing to the Purchaser, of date of occupation of the Property by the Purchaser. If the section and the sole utilization areas are not ready for beneficial occupation by the Purchaser within 10 (ten) months from date of signature of this agreement, then the Seller may, by giving notice at least 30 (thirty) days before such date to that effect to the Purchaser, extend such date for a further period of not more than 3 (three) months. The Seller shall not incur any liability of whatsoever nature by reason of the Seller's failure to give such notice as aforesaid, or the section not being ready for beneficial occupation on expiration of such notice. Notwithstanding anything to the contrary contained in the aforegoing however, if the section is not ready for beneficial occupation 6 (six) months of the date of occupation referred to above, then either party shall be entitled to resile from this agreement and the Seller shall, in the event of either party so resiling, refund to the Purchaser the capital amounts paid by them in terms hereof plus accrued interest thereon.
3.5. The Purchaser shall be placed in obliged to attend a pre-occupation inspection of the Property as close as possible to the Occupation Date. If unit when requested by the Seller anticipates that the Occupation Date will differ from the expected Occupation Dateor its agent, it which shall give notice to the Purchaser thereof, be at least 30 14 (ThirtyFOURTEEN) days prior to the expected Occupation Dateprojected occupation date determined in Clause 3.3 above, in order to assist the Seller's representative to prepare a defects correction list (if any) and completion list for the building contractor to attend to.
3.6. The Purchaser shall have no claim against be entitled to and obliged to accept occupation of the section on the occupation date.
3.7. The Purchaser shall within 7 (seven) days from date of occupation deliver to the Seller for damages or for compensation a single comprehensive list signed by themselves enumerating any items in the section requiring repair by the Seller and upon repair of any other nature consequential such items as reasonably required repair, the Purchaser shall be deemed to have accepted that the Occupation Date having been amended.
11.2section is in a fit and proper condition in all respects. If the Purchaser does not deliver such list to the Seller within the said 7 (SEVEN) days it shall be deemed that the section is in breach a fit and proper condition. The Purchaser is obliged to grant to the Seller access to the unit during normal working days and working hours, for a period of 2 (two) weeks for the purposes of effecting the repairs, failing which the Seller is absolved from effecting any one repairs.
3.8. Any dispute as to whether the section is ready for beneficial occupation, or more whether repairs referred to herein above have been satisfactorily carried out, shall be referred at the instance of either party to an expert nominated at the request of either the Seller or the Purchasers by the President in Chief for the time being of the Association of South African Quantity Surveyors and that expert, acting as expert and not as arbitrator, shall settle such dispute immediately and without delay at the section and without formal pleadings or submissions and his award shall be final and binding upon both parties. For the purposes of this agreement the expression "beneficial occupation" means "reasonably habitable" by the Purchase.
3.9. The Purchaser shall from the date of occupation:
3.9.1. Be liable for the payment of the levy due to the Body Corporate as if he was the registered owner of the Unit, which liability shall be determined in accordance with the participation quota.
3.9.2. Comply with all the terms and provisions of the rules of the Body Corporate filed in the Deeds Registry, as if he was the registered owner of the Unit. The rules are deemed to be incorporated in and form part of this Agreement.
3.9.3. Be entitled to the exclusive use and enjoyment of the Section and any sole utilization areas referred to in Clause 3.1.4 above.
3.9.4. Be entitled and subject to all the rights conferred in the rules as if he was the registered owner of the Unit. (See annexure F for Rules).
3.10. Pending the establishment of a Body Corporate as envisaged in the Sectional Titles Act 95/1986 and/or in the event that the Purchaser should take occupation prior to transfer of the unit, he will not be entitled to make any alterations or additions to the section without the prior written consent of the Seller and shall be entitledobliged to maintain the section and sole utilisation areas in a fit and proper condition and properly painted and shall also maintain the geyser and electrical fittings.
3.11. The Purchaser shall be liable for all rates payable to the local authority, but not obliged, to refuse electricity as well as any water (should separate water meters have been installed) used in the purchaser occupation Unit/consumed in respect of the Property until unit from the breach has been rectified by the Purchaserdate determined in clause 3.3.1 hereof.
11.33.12. The Purchaser acknowledges that on date of occupation by the Transfer Date Purchaser of his section, construction of parts of the Scheme and/or building/s including infrastructure and roads in the Building development may not yet have been completed. The Purchaser accordingly hereby acknowledges agrees that he might be subjected will not have any claim against the Seller, its contractors, employees and invitees as a result of any damage done to the section and sole utilisation areas nor in respect of any nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising, nor in respect of public liability. These factors shall not entitle the purchaser to refuse to take transfer or to cancel or withdraw from this agreement or to claim damages from any person .or institute interdict proceedings. The seller shall not be responsible for any loss, damage or inconvenience suffered by the purchaser for reason of such building operations.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.53.13. The Purchaser shall be liable entitled to use the section only as a dwelling.
3.14. The Seller either personally or through its servants or agents, shall be entitled at all reasonable times to have access to the section for all Interim Leviesthe 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 section or not, rates and taxes and water and electricity consumed the Purchaser shall have no claim against the Seller for any disturbance in respect their occupancy arising out of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable exercise by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Daterights hereby conferred.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Memorandum of Agreement of Sale and Purchase of a Sectional Title Unit
POSSESSION AND OCCUPATION. 11.113.1. The Purchaser shall be placed in occupation possession of the Property as close as possible to Erf on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedErf.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.313.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or Development including the Building clubhouse and recreational facilities, roads and other infrastructure, pathways, etc may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising. The Purchaser shall have no claim whatsoever against the Seller, nor shall the Purchaser be entitled to any reduction in the purchase price or interest thereon by reason of any such inconvenience and/or interruption. The Seller shall however use his best endeavours to procure that such inconvenience or interruption is kept to a minimum.
11.413.3. Where The Seller shall take full responsibility for the Occupation Date Works from the date on which possession of the Erf is a date prior given to the Transfer DateSeller and up to the issue of the certificate of practical completion. Thereafter, responsibility for the Works and risk in the Property and possession thereof will dwelling, shall pass to the Purchaser on the Transfer DatePurchaser.
11.513.4. The Purchaser shall be liable for all Interim Levieslevies, rates and taxes and taxes, water and electricity consumed in respect of the Property Erf from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.713.5. Occupational Interest is payable by In the Purchaser event that the Seller anticipates that the actual Completion Date will be later than the estimated completion date as referred to in Clause 4.1. of the Covering Schedule, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the estimated completion date (as per Clause 4.1 of the Covering Schedule), of the new expected Completion Date. The Purchaser shall have no claim against the Seller if the Transfer Date is after for damages or for compensation of any other nature by reason of the Completion Date, irrespective whether occupation has having been given amended and delayed.
13.6. The Subject Matter will during the construction period be under the control of the Seller and the Purchaser will only be entitled to and taken access the Subject Matter, prior to the Completion Date, if accompanied by the PurchaserSeller or his representative, on a pre-arranged time.
13.7. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Dwelling shall not affect the Occupation Date, which Occupational Interest will shall remains as defined.
13.8. The occupation date shall under no circumstances be payable as follows:
11.7.1 The Purchaser shall pay deferred or the Occupational Interest Dwelling considered unsuitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Seller monthly in advance, Dwelling by or at the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect request of the period after the Transfer DatePurchaser not having been completed.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 6.1 The Purchaser shall be placed in obliged to take possession and occupation of the Property Unit on the Anticipated Completion Date set forth in the Schedule or such earlier date as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice may be notified to the Purchaser thereofby the Seller in writing at any time (in which event "anticipated occupation date" shall mean such earlier date), at least 30 but subject to the other provisions of this clause 6, on which date, all risk and benefit in the Unit shall pass to the Purchaser. The Anticipated Completion Date will be communicated to the Purchaser in writing 21 (Thirtytwenty-one) days prior to the expected Anticipated Completion Date, and will the said date as far as possible coincide with the last day of a month, or the beginning of a new month.
6.2 If the Unit is not ready for occupation by the Purchaser on or before the Anticipated Occupation Date. The Purchaser shall have no claim against , then the Seller for damages or for compensation of any other nature consequential may by giving written notice to that effect to the Purchaser to extend such date, in which event the term "Anticipated Occupation Date" shall mean such extended date.
6.3 Any dispute as to whether or not the Unit is ready for occupation as aforesaid shall be referred to the Architect who, acting as an expert and not an arbitrator, shall determine such dispute, his decision in this regard being final and binding on the parties.
6.4 The Seller shall not incur any liability of whatsoever nature by reason of the Seller's failure to give notice in terms of clause 6.2 or by reason of the Unit not being ready for occupation on the date referred to in the Schedule and/or on the expiry of a notice given in terms of clauses 6.1 and 6.
6.5 Notwithstanding anything to the contrary herein contained, if the Unit is not ready for occupation within 12 (TWELVE) months of the Anticipated Occupation Date having been amended.
11.2. If referred to in the Purchaser is Schedule, then either party shall be entitled to resile from this agreement, in breach of any one or more of the provisions of this Agreement, which event the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass refund to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable amounts (plus interest thereon) paid by the Purchaser to the Seller if in terms hereof, neither party having any other claim against the Transfer Date is other in respect thereof.
6.6 Should registration of transfer take place after the Completion Occupation Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller a monthly occupational interest of R5 000.00 (FIVE THOUSAND RAND), monthly in advance. In the event of any amount due in terms of this clause not being paid punctually when due, the first payment occupational interest will increase to be made the prime interest rate on or before the purchase price, plus 3 (THREE) percentage points per annum monthly in advance.
6.7 In the event, however, of registration of transfer taking place after the Occupation Date and thereafter due to a delay caused solely by the Purchaser the rate of interest at which the occupational consideration shall be determined shall increase from prime rate to prime rate plus 3 (THREE) percentage points per annum on the first day each subsequent monthunpaid balance of the purchase price outstanding from time to time, andreckoned from the date on which transfer would have been possible had it not been for the delay caused by the Purchaser until the actual date of registration of transfer.
11.7.2 6.8 The Seller shall not be responsible for any loss, damage or inconvenience suffered by the Purchaser shall, on the Transfer Date, be refunded a pro rata share by reason of any Occupational Interest that has been paid in advance building operations which may be conducted in respect of the period Property after the Transfer Occupation Date.
11.8. Between 6.9 The Purchaser acknowledges that, as on the Occupation anticipated Completion Date, the common property forming part of the Buildings, as well as any other part of the Buildings, may be incomplete and that occupants of the Unit may suffer inconvenience from building operations, the Purchaser acknowledging that he shall have no claim whatsoever against the Seller by reason of such inconvenience, nor shall the Purchaser be entitled to refuse occupation of the Unit or receive transfer thereof as a result hereof.
6.10 If the Date of Completion is delayed as a result of vis major or any other cause beyond the control of the Seller, including but not limited to building industry holidays, whether statutory or recognised generally as customary in the industry, any dispute, strike, lock-out, squatting, invasion or any other situation causing delay, then the Seller shall be entitled to a fair and reasonable extension of time for such completion and the Transfer Date Purchaser shall not for that reason have any claim against the provisions Seller, whether for damages of the Rules will be binding on the Purchaserotherwise.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Contractual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Contractual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Contractual Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Estimated Occupation Date, but the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Contractual Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Contractual Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.11 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit on the Contractual Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the actual Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.12 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.13 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.19.1 The Seller shall give to the Purchaser not less than 30(thirty) days’ notice in writing of the Occupation Date.
9.2 Occupation of the Section and the Exclusive Use Areas shall be taken by the Purchaser on the Occupation Date, on which date all risk and benefit in the Section shall pass to the Purchaser and from which date the Purchaser shall be liable for the payment of levies assessed in terms of Section 25 of the Management Rules, read together with Section 3 of the STSMA, certified by the Seller to be the bona fide estimate of such levies, as if the Body Corporate had come into existence on the Occupation Date, which levies shall be pro rated for any period less than one month. The Purchaser shall be placed pay the aforesaid levies, or a pro rata amount thereof, if applicable, directly to the Seller, monthly in advance, without any deduction or set-off, commencing from the Occupation Date.
9.3 Should the Purchaser fail to take occupation on the Occupation Date, the Purchaser hereby authorises the Architect to accept occupation of the Property as close as possible Section and the Exclusive Use Areas on behalf of the Purchaser, by accepting the keys to the Section. The failure on the part of the Purchaser or Architect to take physical occupation of the Section and Exclusive Use Areas on the Occupation Date or to accept the keys to the Section shall not affect the Occupation Date. If the Seller anticipates that .
9.4 From the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk the Purchaser will Seller an occupation consideration equal to the Prime Rate on the purchase price, which occupation consideration shall be paid to the Attorneys, monthly in advance, without any deduction or set-off.
9.5 Possession of the Property Unit and possession thereof will pass Exclusive Use Areas shall be given to the Purchaser on the Transfer Date.
11.59.6 The Architect shall issue a signed certificate that the Section is available and ready for beneficial occupation on the Occupation Date and such certificate shall be binding upon the Seller and the Purchaser.
9.7 Should the Seller, for whatever reason, be able to give occupation of the Section prior to, or not be able to give occupation of the Section to the Purchaser on the Occupation Date, the Purchaser shall accept of the Section on such date upon which the Seller notifies the Purchaser that the Section is ready for occupation and such date will be deemed for all purposes to be the Occupation Date. It shall not be necessary for the Seller to give to the Purchaser any formal notice of a delayed Occupation Date and the Purchaser undertakes to accept a written notice given by the Seller for this purpose.
9.8 The Purchaser will have no claim whatsoever against the Seller, should the Seller for whatever reason fail to give occupation on the anticipated Occupation Date recorded in the clause 9.1notice.
9.9 Until the Transfer Date, the Purchaser shall not sell, let, or in any other manner dispose of or part with the Section and/or the Exclusive Use any of his rights thereto, including but not limited to the transfer or cession of shares or members’ interest or benefit under a company, close corporation or trust, as the case may be if the Purchaser is such an entity, without the Seller’s written consent first being had and obtained. When granting consent, the Seller shall be liable for all Interim Levies, rates and taxes and water and electricity consumed entitled to necessary. impose such reasonable conditions as it considers
9.10 Should the Purchaser be in respect occupation of the Property Section and the Exclusive from the Occupation DateDate and should the Purchaser fail to pay the occupation consideration as contemplated in clause 9.4 above, then the Purchaser shall pay to the Seller, monthly in advance, interest occupation consideration outstanding at a rate of 5% (five percent) above the Prime Rate, calculated from the date when the occupation consideration was due until the payment of the occupation , both days inclusive.
11.69.11 From the Occupation Date until the Transfer date, the Purchaser shall:
9.11.1 keep the Section in good order and repair;
9.11.2 permit the Seller or its agent reasonable access to enter and inspect the Section;
9.11.3 be responsible for all costs of electricity and water consumed in the Section insofar as may be separately metered;
9.11.4 not make any improvements or alterations to the Section, alter the colour scheme or redecorate, without the Seller’s prior written consent, which consent shall not be unreasonably withheld. The Purchaser shall not be entitled to make have any alterations or modifications claim against the Seller in respect of any nature expenditure for improvements or alterations to the Property between Section, whether made with or without the Occupation Date Seller’s consent, and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements or alterations. All improvements or alterations to the Section made by or at the instance or expense of the Purchaser shall accede to the Section and belong to the Seller;
9.11.5 save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Act and the Transfer Date.STSMA;
11.7. Occupational Interest is payable 9.11.6 comply with all the rules and regulations Scheme; applicable to the
9.12 The occupation of the Section and the Exclusive Use Areas by the Purchaser to shall in no way constitute a tenancy between the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in 5.1 Possession and occupation of the Property as close as possible shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Occupation Purchaser.
5.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. If Initial here
5.3 Notwithstanding the aforesaid and should the Seller anticipates for whatsoever reason fail to give the Purchaser occupation of the Property by the Estimated Possession Date, the Purchaser acknowledges the fact that the Occupation Estimated Possession Date will differ from is only an estimated date and the expected Occupation Date, it Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failure.
5.4 The Seller shall give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession of the Unit to the Purchaser.
5.5 Occupation of the Property by the Purchaser thereofor anybody through the Purchaser shall not create a tenancy, at least 30 (Thirty) days prior that is to say, in the event of this Agreement being cancelled all rights to the expected Occupation occupation of the Property shall lapse and the Property shall be forthwith vacated. Initial here
5.6 The block within which the Property will be situated will be complete on the Transfer Date. The Purchaser shall have no claim against however acknowledges that all units within the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If Scheme may at that stage not be fully complete and that the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3may suffer a slight inconvenience as a result. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisanceSeller will however, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk ensure that should such units in close proximity to the Property not be complete that it will be secured and hoarded off to limit any such inconvenience.
5.7 From the Possession Date until the Transfer Date the Purchaser shall:- Initial here
5.7.1 keep the Property in good repair;
5.7.2 permit the Seller or its agent at all reasonable times to enter and inspect the Property subject thereto that the Purchaser has been given prior notice of any such intended inspection;
5.7.3 be responsible for all costs of electricity and water consumed on any part of the Property insofar as these may be separately metered;
5.7.4 be responsible for all obligations of an owner of a Unit and the person holding exclusive use rights as set out in the Property Act;
5.7.5 comply with all rules and possession thereof will pass regulations applicable to the Purchaser on the Transfer Date.Scheme; and
11.5. The Purchaser shall 5.7.6 be liable for all Interim Leviesthe estimated levy recorded in the Schedule of Particulars, rates and taxes and water and electricity consumed which estimated levy shall be payable monthly in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser advance to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day of each subsequent calendar month or, should the Possession Date fall on any day other than the first day of a calendar month, and
11.7.2 The the Purchaser shall, on the Transfer Date, be refunded shall pay a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Dateestimated levy for such particular month.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Deed of Sale
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Contractual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Contractual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Contractual Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Contractual Occupation Date, but the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Contractual Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Contractual Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.3, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
18.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
18.11 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Unit or the Contractual Occupation Date, then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof but should the Unit not be ready for occupation within 180 (one hundred and eighty) days after the Contractual Occupation Date, then the Purchaser shall be entitled to resile from this Agreement by written notice to the Seller if to such effect in which case the Transfer Date is after Purchaser shall have no further claim against the Completion Date, irrespective whether occupation has been Seller other than a refund of the deposit together with any interest earned thereon.
18.12 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
18.13 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:
11.7.1 The utilized firstly towards the settlement of the financial obligations of the Purchaser shall pay the Occupational Interest to towards the Seller monthly in advance, pending transfer and lastly towards the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datepurchase price.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in 6.1 Possession and occupation of the Property as close as possible Property, subject to the Occupation Dateexisting lease agreement [*Delete if not applicable], together with all benefits and risks, profits and losses in respect of the Property will be given to the Purchaser on /Transfer Date [*Delete whichever is not applicable], from which date the Property will be at the sole risk, loss and profit of the Purchaser, and the Purchaser will from such date be liable for, but not limited to, rates and taxes, levies, insurance and other charges in respect of the Property. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Datehas paid any such rates, it shall give notice taxes, xxxxxx or other charges for any period subsequent to the date of possession, the Purchaser thereof, at least 30 (Thirty) days prior will refund to the expected Occupation Date. The Purchaser shall have no claim against Seller the Seller for damages charge or for compensation charges so paid in respect of any other nature consequential period subsequent to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect 6.2 Should Transfer take place after the date of occupation of the Property from by the Occupation DatePurchaser, the Purchaser shall pay occupational rental to the Seller in the amount of R ( Rand) per month, pro rata, payable monthly in advance and thereafter on the first day of each and every succeeding month until Transfer.
11.66.3 Occupation of the Property by the Purchaser or anybody through the Purchaser shall not create a tenancy, that is to say, in the event of this Agreement being cancelled all rights to the occupation of the Property shall lapse and the Property shall be forthwith vacated. The Purchaser shall not be entitled to make any alterations or modifications of any nature additions to the Property between the Occupation Date and prior to the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 6.4 The Purchaser shall pay will from the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share date of any Occupational Interest that has been paid in advance in respect occupation of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date Property at all times comply with the provisions of the Sectional Titles Act, the Sectional Titles Schemes Management Act and the Rules will be binding on the Purchaseras amended from time to time.
Appears in 1 contract
Samples: Deed of Sale
POSSESSION AND OCCUPATION. 11.17.1 The Seller shall give and the Purchaser shall be obliged to take possession and occupation of the unit and the exclusive use areas on the occupation date, from which date all risk and benefit in respect of the unit and exclusive use areas shall pass to the Purchaser.
7.2 The Seller shall give the Purchaser not less than 20 (twenty) calendar days notice of the occupation date.
7.3 On or before the occupation date of which notice has been given to the Purchaser, the Seller shall request the architect to certify that the section is available for beneficial occupation. A certificate signed by the architect that the unit is available for beneficial occupation shall be binding on both parties. Should the architect so certify prior to the occupation date of which the Purchaser has been given notice, such occupation date of which notice has been given shall remain binding on the parties. Should the architect so certify on a date later than that of which notice has been given, such later date shall become the occupation date. The Seller shall not be required to give a further 20 (twenty) days notice of such later date; immediate notice to the Purchaser shall be sufficient for such later date to become binding on the parties as the occupation date.
7.4 The Seller shall give and the Purchaser shall take occupation on the occupation date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the section shall not affect the occupation date, which shall remain as defined and in full force and effect. Occupation of the unit/section and/or exclusive use area by the Purchaser or anybody through the Purchaser shall not create a tenancy, that is to say, in the event of this agreement being cancelled all rights to the occupation of the section and exclusive use areas shall lapse and the section and exclusive use areas shall be vacated forthwith.
7.5 If transfer of the unit is registered after the occupation date, the Purchaser shall pay to the Seller occupational interest at the prime rate minus 1% (one percent) per annum calculated on the full purchase price from the occupation date until the date of registration of transfer (both dates inclusive), subject to the provisions of clause 7.6 below. The Purchaser shall pay this occupational interest to the Seller's attorneys monthly in advance from the occupation date and pro rata in respect of any portion of a month.
7.6 Should the Purchaser:
7.6.1 fail to pay any amount due in terms of this agreement or sign any document which the Purchaser is required to sign in terms of this agreement; or
7.6.2 commit any other breach of the provisions of this agreement; and fail to remedy such failure and/or breach within 7 days after receipt of a demand from the Seller’s Attorneys to do so, then the interest payable by the Purchaser in terms of clause 7.5 above shall be placed in the rate of 3% above the prime rate for as long as such failure and/or breach continues.
7.7 The Seller shall use its best endeavours to procure that the unit is available for occupation by the estimated date of possession / occupation.
7.8 If for any reason whatsoever the Seller is unable to give the Purchaser occupation of the Property as close as possible to unit by the Occupation Date. If estimated possession date, then the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim of whatsoever nature against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedas a result thereof.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Deed of Sale
POSSESSION AND OCCUPATION. 11.1. 4.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
4.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, entitled to refuse postpone the purchaser occupation of the Property until the breach has been rectified Occupation Date by up to a further 90 (Ninety) additional days by written or verbal notice to the Purchaser.
11.34.3 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Occupation Date. The Purchaser acknowledges that failure on the Transfer Date construction of parts part of the Scheme and/or Purchaser to take physical occupation (whether personally or by agent) or to accept the Building may keys to the Subject Matter shall not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where affect the Occupation Date is a date prior which shall remain as defined.
4.4 The Seller shall be entitled to deny the Purchaser access to the Transfer Date, risk in the Property and possession thereof will pass to Subject Matter until all outstanding obligations of the Purchaser on have been fulfilled and the Transfer DatePurchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect 4.5 Occupation of the Property from Section by the Occupation Date.
11.6. The Purchaser or anybody through the Purchaser shall not be entitled to make any alterations or modifications create a tenancy, and in the event of any nature this Agreement being cancelled, all rights to the Property between occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
4.6 The Seller shall use its best endeavours to procure that the Subject Matter is available for occupation by the estimated occupation date.
4.7 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and the Transfer Date.
11.7. Occupational Interest is payable by including such date, the Purchaser shall pay to the Seller if occupational interest as described in clause 4.2 of the Transfer Date is after the Completion DateIS, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter advance on the first day of each subsequent and every month to the Seller or the Transferring Attorneys until date of registration of transfer, (both days inclusive), prorated for periods of less than a month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.19.1 The Seller shall give to the Purchaser 30 (thirty) days’ notice in writing of the Occupation Date, which date may be extended by the Seller, in which event the Seller shall give the Purchaser 10 (ten) days’ notice in writing.
9.2 Occupation of the Section and the Exclusive Use Areas shall be taken by the Purchaser on the Occupation Date, on which date benefit in the Section shall pass to the Purchaser and from which date the Purchaser shall be liable for the payment of levies assessed in terms of Section 25 of the Management Rules, read together with Section 3 of the STSMA, certified by the Seller to be the bona fide estimate of such levies, as if the Body Corporate had come into existence on the Occupation Date, which levies shall be pro-rated for any period less than one month. The Purchaser shall pay the aforesaid levies, or a pro rata amount thereof, if applicable, directly to the Seller, monthly in advance, without any deduction or set-off, commencing from the Occupation Date. In the event that the Purchaser has taken loan finance to be placed secured by a mortgage bond, the Purchaser hereby undertakes, on the Occupation Date, to sign any certificate of completion , as may be required by its bankers for the purposes of registration of the mortgage bond over the Section. The Purchaser hereby acknowledges that the signature of the aforesaid certificate of completion does not absolve the Seller from its obligation to remedy any defects in the Section as provided for in clause 10.2 read with clause 10.1.
9.3 Should the Purchaser fail to take occupation on the Occupation Date, the Purchaser hereby authorises the Architect to accept occupation of the Section and the Exclusive Use Areas on behalf of the Purchaser, by accepting the keys to the Section. The failure on the part of the Purchaser or Architect to take physical occupation of the Section and Exclusive Use Areas on the Occupation Date or to accept the keys to the Section shall not affect the Occupation Date.
9.4 From the Occupation Date until the Transfer Date, the Purchaser will pay to the Seller an occupation consideration equal to the Prime Rate on the purchase price, which occupation consideration shall be paid to the Attorneys, monthly in advance, without any deduction or set -off.
9.5 The Architect shall issue a signed certificate that the Section is available and ready for beneficial occupation on the Occupation Date and such certificate shall be binding upon the Seller and the Purchaser.
9.6 Should the Seller, for whatever reason, be able to give occupation of the Section prior to, or not be able to give occupation of the Section to the Purchaser on the Occupation Date, the Purchaser shall accept occupation of the Section on such date upon which the Seller notifies the Purchaser that the Section is ready for occupation and such date will be deemed for all purposes to be the Occupation Date.
9.7 The Purchaser will have no claim whatsoever against the Seller, should the Seller for whatever reason fail to give occupation on the anticipated Occupation Date recorded in the clause 9.1 notice.
9.8 Once the Purchaser has taken occupation and u ntil the Transfer Date, the Purchaser may let the Section, with the prior written consent of the Seller.
9.9 Should the Purchaser be in occupation of the Property as close as possible to Section and the Occupation Date. If the Seller anticipates that Exclusive Use Areas from the Occupation Date will differ and should the Purchaser fail to pay the occupation consideration as contemplated in clause 9.4 above, then the Purchaser shall pay to the Seller, monthly in advance, interest on the full occupation consideration outstanding at a rate of 5% (five percent) above the Prime Rate, calculated from the expected date when the occupation consideration was due until the payment of the occupation , both days inclusive.
9.10 From the Occupation DateDate until the Transfer date, it shall give notice the Purchaser shall:
9.10.1 keep the Section and Exclusive Use Areas in good order and repair;
9.10.2 permit the Seller or its agent reasonable access to enter and inspect the Section and Exclusive Use Areas;
9.10.3 be responsible for all costs of electricity and water consumed in the Section insofar as may be separately metered;
9.10.4 not make any improvements or alterations to the Purchaser thereofSection and/or Exclusive Use Areas, at least 30 (Thirty) days alter the colour scheme or redecorate, without the Seller’s prior to the expected Occupation Datewritten consent, which consent shall not be unreasonably withheld. The Purchaser shall not have no any claim against the Seller for damages or for compensation in respect of any other nature consequential expenditure for improvements or alterations to the Occupation Date having been amended.
11.2Section, 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 or alterations. If All improvements or alterations to the Section made by or at the instance or expense of the Purchaser is in breach of any one or more of shall accede to the Section and belong to the Seller;
9.10.5 save insofar as may be inconsistent with the provisions of this Agreement, be responsible for all other obligations of an owner as set out in the Seller shall be entitled, but not obliged, Act and the STSMA; and
9.10.6 comply with all the rules and regulat ions applicable to refuse the purchaser Scheme.
9.11 The occupation of the Property until Section and the breach has been rectified Exclusive Use Areas by the Purchaser shall in no way constitute a tenancy between the Seller and the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.19.1. The Purchaser shall be placed in Possession and occupation of the Property as close as possible shall be given by the Seller and taken by the Purchaser on the Transfer Date, and this shall be the date upon which all risk and benefit attaching to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it Property shall give notice pass to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.39.2. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Estate may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.49.3. Where the Occupation Date is a date prior to the Transfer Date, all risk and benefit in the Property and possession thereof will pass to the Purchaser on the Transfer Occupation Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of any contents held on the Property or inside the Building. The Purchaser acknowledges his responsibility to insure the contents thereof.
11.59.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.6. The Purchaser shall not be entitled to make any alterations or modifications earlier of any nature to the Property between the Occupation Date and the or Transfer Date.
11.79.5. Occupational Interest in the amount of 1% (One percent) of the Purchase Price is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 . The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter advance on the first day each subsequent month, and
11.7.2 The Purchaser shall, on . On the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will shall be binding on refunded to the Purchaser.
9.6. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Completion Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Completion Date, of the new expected Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Completion Date having been amended.
9.7. The Property will during the construction period be under the control of the Contractor and the Purchaser will only be entitled to access the Property, prior to the Completion Date, if accompanied by the Contractor, on a pre-arranged time.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 4.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
4.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, entitled to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where postpone the Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the subject matter is a date fit for occupation prior to the Transfer Occupation Date, risk in the Property and possession thereof will pass to Seller may notify the Purchaser of an earlier Occupation Date on notice given not less than 30 (thirty) calendar days before the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the earlier Occupation Date.
11.64.3 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clauses 4.1 and 4.2 above.
4.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
4.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not be entitled to make any alterations or modifications create a tenancy, and in the event of any nature this Agreement being cancelled, all rights to the Property between occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
4.6 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and the Transfer Date.
11.7. Occupational Interest is payable by including such date, the Purchaser shall pay to the Seller if occupational interest as described in clause 4.2 of the Transfer Date is after the Completion DateIS, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter advance on the first day of each subsequent and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month, and.
11.7.2 The 4.7 Should the Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect occupation of the period after the Transfer Date.
11.8. Between the Occupation Date Subject Matter and the Transfer Date the provisions registration of the Rules will transfer be binding on delayed by reason thereof that the Purchaser.:
4.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
4.7.2 commits any other breach or fails to comply with any other term of this Agreement;
4.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 6.1 The Purchaser shall be placed in will take occupation of the Property as close as possible on the Transfer Date, from which date all risk in and benefit to the Occupation Date. If the Seller anticipates that the Occupation Date Property will differ from the expected Occupation Date, it shall give notice pass to the Purchaser and from which date the Purchaser shall be liable for payment of the levies as contemplated in the STSMA and the Regulations issued in terms thereof, at least 30 (Thirty) days prior the levies payable to the expected Occupation Date. The Purchaser shall have no claim against Associations as well as the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedMunicipal Charges.
11.2. If the Purchaser is in breach of any one or more of 6.2 Notwithstanding the provisions of this Agreementclause 6.1 above, the Seller shall be entitled, but not obliged, to refuse the purchaser Purchaser may take occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk provided that:
6.2.1 the Seller or its agent has consented in writing that the Purchaser may take such prior occupation, which consent may only be given after the Completion Date;
6.2.2 the Purchaser may not take occupation of the Property unless the full Purchase Price has been paid or secured as contemplated above and the Purchaser has signed all documents of whatsoever nature on request of the Transferring Attorney and the bond registration attorney (if applicable); and
6.2.3 occupational interest shall be payable by the Purchaser in the Property and possession thereof will pass amount of R9,000.00 (Nine Thousand Rand) per month, which amount is payable to the Purchaser Trust Account monthly in advance on or before the Transfer Date.
11.5. The first business day of every month, which occupational interest includes monthly Body Corporate levies and municipal rates, but excludes electricity and water consumption charges for all of which the Purchaser shall be liable for payment from the occupation date.
6.3 It is anticipated that the Property will be ready for occupation on Anticipated occupation date 1 MARCH 2023 (“the specified date”). If, however, the Seller is of the opinion that, for whatever reason, the Property will not be sufficiently complete for beneficial occupation by the specified date, then the specified date shall automatically be extended by 6 months (“the extended date”).
6.4 If the Property is not sufficiently complete for beneficial occupation by the extended date as provided for in clause 6.3 above, the Purchaser shall have the right, on written notice to the Seller, to immediately terminate this Agreement, provided that such notice is received by the Seller not later than 14 (fourteen) days after the extended date in which event the Purchaser will be entitled to a refund of all Interim Levies, rates amounts as contemplated in clause 24 below. The Purchaser records that he shall have no further claim of whatsoever nature or howsoever arising against the Seller for failing for any reason to give possession and taxes and water and electricity consumed in respect occupation of the Property from to the Occupation DatePurchaser timeously.
11.6. 6.5 The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.acknowledges:
11.7. Occupational Interest is payable by the Purchaser to the Seller if 6.5.1 that on the Transfer Date any improvements to be effected on the Common Property and/or the Building may still be incomplete and that the Purchaser or his occupiers may as a result thereof suffer inconvenience from building operations such as noise and dust resulting therefrom; and
6.5.2 that the Purchaser will have no claim of whatsoever nature against the Seller by reason of any such inconvenience, provided that such inconvenience is after the Completion Date, irrespective whether occupation has been given to and taken not caused by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to intentional or grossly negligent act/s of the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.its agent/s or its employee/s.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.16.1 All risk and benefit in the Unit shall pass from the Seller to the Purchaser on date of occupation. The Purchaser shall be placed in undertakes to accept occupation of on completion (“the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the occupation date”), which is expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser on or about November 2024 but shall have no claim for damages or any right of action whatsoever against the Seller for damages or for compensation its agents by reason of the fact that occupation is given at a later or earlier date than the date referred to herein and the Seller hereby undertakes to give the Purchaser at least thirty (30) days prior written notice of any other nature consequential amended occupation date.
6.2 Should there be a dispute as to whether the Unit is sufficiently complete for occupation the parties agree that they will abide by the decision of the Building Inspector of the Mortgagee of the unit and in the event of no bond being registered in favour of any Bank, such dispute will be referred to the Occupation Date having been amendedArchitect whose decision will be final and binding on the parties.
11.26.3 The Purchaser shall within seven (7) days from date of occupation submit a list of patent defects in the Unit to the Seller. If The Seller shall within a period of thirty (30) days thereafter remedy the Purchaser is defects indentified on the said list. Notwithstanding anything to the contrary in breach of any one or more of the provisions of this Agreementagreement, the Seller undertakes at its own expense to repair any leaks in the roof which may manifest itself within a period of one (1) year or first heavy rainfall whichever is the sooner from date of occupation. The Seller shall, at its own cost, carry out such works and repairs as may be necessary to rectify any material structural failure of the foundations, brickwork and structural timbers which may have manifested themselves during a period of six (6) months from the occupation date. The Seller shall forthwith upon receipt of written notice of the defect commence the work required to be performed to remedy the defects and shall complete same within a reasonable period. Should the list referred to above not be furnished within the said prescribed period, the Purchaser shall be entitleddeemed to have accepted the unit in a fit and proper condition.
6.4 In the event of a dispute arising as to whether the defects identified need to be repaired or whether the repair has been satisfactory undertaken, but not obliged, to refuse the purchaser occupation decision of the Property until Architect shall be final and binding on the breach has been rectified parties.
6.5 The Purchaser shall use the Unit:
6.5.1 For residential purposes only for himself, his immediate family, occasional visitors or approved tenants;
6.5.2 Subject to the Rules for the management and control of the building set out in Section 32(2) of the Act, it is agreed that the Rules set out in Annexure “C” of the Sectional Title Regulations which are contained in the Act, shall at the first meeting of the Body Corporate (or as soon as possible thereafter) shall be amended in order to bring same in accordance with the standard rules for the management and control of a sectional title scheme as approved by the Purchaser.
11.3Association of Mortgage Lenders and such conditions as may reasonably be prescribed by the Mortgagee. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building may not yet have been completed. The Purchaser accordingly hereby acknowledges declares himself to be fully acquainted with such rules and he undertakes that he might will, when called upon to do so by the Seller, do all such things and sign all such documents which may be subjected necessary for the purpose of adopting such amendments for which purpose the Purchase hereby nominates the Seller as his agent to nuisance, noise sign all such documents on his behalf and other inconvenience from whatsoever cause arising and howsoever arisingas his proxy to vote for any such proposed amendment.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6. 6.6 The Purchaser shall not be entitled to make claim cancellation of this agreement or any alterations or modifications reduction of any nature the purchase price by reason of:
6.6.1 Any minor variation between the Sectional Plan shown to the Property between Purchaser on signature hereof, pursuant to the Occupation Date conclusion of this agreement, and the Transfer DateSectional Plan registered by the Registrar of Deeds;
6.6.2 Any minor alteration to the number, area, location or building plans, which is deemed necessary by the Land Surveyor or the architect or the Local Authority;
6.6.3 Any unavoidable or unforeseen delay in the completion of the unit, or anything relating thereto, or any unavoidable or unforeseeable delay regarding the opening of the Sectional Title Register.
11.7. Occupational Interest is payable by the Purchaser 6.7 This agreement shall at all times be subject to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.8. Between the Occupation Date and the Transfer Date all the provisions of the Rules will be binding on Act.
6.8 This agreement is specifically subject to the approval by the Local Authority of the Scheme, the registration of the Sectional Plan and the opening of a Sectional Title Register by the Registrar of Deeds.
6.9 It is recorded and understood that the Seller shall endeavour to open the Sectional Title Register in the Deeds Registry as soon as possible in order to effect transfer of the unit into the name of the Purchaser. The Purchaser acknowledges that registration of transfer shall only be possible after the opening of the Sectional Title Register. Should it, for any reason whatsoever, in the sole and absolute discretion of the Seller, become impossible to transfer the Unit into the name of the Purchaser, then this agreement shall ipso facto lapse and become null and void and in which event the Seller shall refund to the Purchaser all monies paid (if any) in terms of this agreement, excluding amounts paid or payable in respect of occupational interest and levies as provided for hereinbefore, which shall be regarded as occupational rent for such period of time as the Purchaser has occupied the Unit. In such event neither party shall have any other claim against the other and the Purchaser shall vacate the Unit on expiry of one (1) month’s written notice by the Seller to the Purchaser, advising him that transfer cannot be effected.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. 16.1 The Seller shall give the Purchaser shall be placed in occupation at least 60 (sixty) calendar days written notice of the Property as close as possible to the Contractual Occupation Date. If .
16.2 In the event of the Seller anticipates that being unable to make the Occupation Date will differ from the expected Occupation Date, it shall give notice Subject Matter available to the Purchaser thereof, at least 30 (Thirty) days prior to on the expected Contractual Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Contractual Occupation Date by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Contractual Occupation Date, but the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not obliged, to refuse less than 60 (sixty) calendar days before the purchaser earlier Contractual Occupation Date.
16.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Contractual Occupation Date. Failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 16.1 and 16.2 above.
16.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the Occupational Rental, notwithstanding the fact that actual occupation was denied by the Seller.
16.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
16.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller Occupational Rental as described in clause 7.3, and the estimated monthly Body Corporate levies as described in clause 7.4, monthly in advance on the first day of each and every month to the Seller until the transfer date (both days inclusive), prorated for periods of less than a month. Should the actual levy be higher than the estimated levy, the Purchaser shall pay the actual monthly Body Corporate levy.
16.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
16.7.1 refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
16.7.2 commits any other breach or fails to comply with any other term of this Agreement; or
16.7.3 refuses to sign the Letter of Satisfaction required by the Financial Institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
16.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Principal Agent (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the Parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Contractual Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 16.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser by reason of such building operations.
16.10 The Purchaser acknowledges that the common areas may not be complete by the time that the Purchaser's Unit is completed and the Purchaser agrees that the Purchaser shall not be entitled to refuse to accept occupation or transfer of the Unit as a result thereof.
16.11 If for any reason whatsoever the Seller if is unable to give the Transfer Date is after Purchaser occupation of the Completion Unit or the Contractual Occupation Date, irrespective whether occupation has been then the Purchaser shall have no claim of whatsoever nature against the Seller as a result thereof.
16.12 Possession of the Subject Matter shall be given to and taken by the Purchaser, which Occupational Interest will Purchaser on transfer.
16.13 All monies of the Purchaser held by the Transferring Attorneys shall be payable as follows:utilized firstly towards the settlement of the financial obligations of the Purchaser towards the Seller pending transfer and lastly towards the purchase price.
11.7.1 16.14 The Purchaser shall pay will, within 5 (five) working days after being requested to do so by the Occupational Interest Seller or the Transferring Attorneys and prior to the Seller monthly in advance, the first payment to be made on or before the Contractual Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, sign any Letter of Satisfaction as may be refunded a pro rata share required by the Purchaser’s bankers for purposes of any Occupational Interest that has been paid in advance in respect registration of the period after mortgage bond over the Transfer Date.
11.8Subject Matter, if applicable. Between The Seller hereby acknowledges that the Occupation Date and signature by the Transfer Date the provisions Purchaser of the Rules will be binding on aforesaid Letter of Satisfaction does not, in any way, absolve the PurchaserSeller from its obligations to rectify any defects or snags in the Unit as envisaged in clause 25.
Appears in 1 contract
Samples: Sale Agreement
POSSESSION AND OCCUPATION. 11.1. 18.1 The Purchaser shall be placed in occupation of the Property as close as possible to the Occupation Date. If the Seller anticipates that the Occupation Date will differ from the expected Occupation Date, it shall give notice to the Purchaser thereof, at least 30 (Thirtythirty) calendar days prior written notice of the Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the expected Purchaser on the Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amended.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitledentitled to postpone the Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Occupation Date, but the Seller may notify the Purchaser of an earlier Occupation Date on notice given not obliged, to refuse less than 30 (thirty) calendar days before the purchaser earlier Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Property Subject Matter on the Occupation Date. The failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy, and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.2, monthly in advance on the first day of each and every month to the Seller until date of registration of transfer, (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;
18.7.3 refuses to sign the Letter of Satisfaction required by the Financial institution which granted the mortgage loan in order to allow the Bond Attorneys to have the building retention uplifted,
18.8 In the event of any dispute as to when or whether beneficial occupation of the Unit has been rectified given or tendered either in terms hereof or otherwise, a certificate by the Architect (acting as an expert and not as an arbitrator) certifying that the Unit is suitable for beneficial occupation shall be final and binding on the parties, notwithstanding that the building as a whole or the common property may not have been completed or might not be suitable for beneficial occupation at such date. The Occupation Date shall under no circumstances be deferred by the Purchaser, whether or not the Unit or an EUAR is considered suitable for beneficial occupation by reason of any improvements, additions or alterations to be effected to the Section, by or at the request of Purchaser, not having been completed.
11.3. 18.9 The Purchaser acknowledges that on the Transfer Date construction of parts of transfer date, the building/s and the other structures and/or improvements, including infrastructure and roads in the Scheme and/or may be incomplete and that the Building Purchaser may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisancesuffer inconvenience from building operations, noise noise, dust and other inconvenience from whatsoever cause arising and howsoever arising.
11.4. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date.
11.5. The Purchaser shall be liable for all Interim Levies, rates and taxes and water and electricity consumed in respect of the Property from the Occupation Date.
11.6nuisance factors. The Purchaser shall not be entitled to make any alterations or modifications by reason of any nature of the aforegoing to cancel or withdraw from this Agreement or to claim damages from any person or institute interdict proceedings nor shall the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable Seller be responsible for any loss, damage or inconvenience suffered by the Purchaser to the Seller if the Transfer Date is after the Completion Date, irrespective whether occupation has been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:
11.7.1 The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date and thereafter on the first day each subsequent month, and
11.7.2 The Purchaser shall, on the Transfer Date, be refunded a pro rata share reason of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Datesuch building operations.
11.8. Between the Occupation Date and the Transfer Date the provisions of the Rules will be binding on the Purchaser.
Appears in 1 contract
Samples: Agreement of Sale
POSSESSION AND OCCUPATION. 11.1. The Purchaser shall be placed in occupation Occupation of the Property as close as possible to on the Transfer Date or the Occupation Date. If , whichever is the Seller anticipates that earlier, from which date the Occupation Date Purchaser will differ from the expected Occupation Date, it shall give notice be entitled to all income and be liable for all expenses pertaining to the Purchaser thereof, at least 30 (Thirty) days prior to the expected Occupation Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature consequential to the Occupation Date having been amendedProperty.
11.2. If the Purchaser is in breach of any one or more of the provisions of this Agreement, the Seller shall be entitled, but not obliged, to refuse the purchaser occupation of the Property until the breach has been rectified by the Purchaser.
11.3. The Purchaser acknowledges that on the Transfer Date construction of parts of the Scheme and/or the Building Estate may not yet have been completed. The Purchaser accordingly hereby acknowledges that he might be subjected to nuisance, noise and other inconvenience from whatsoever cause arising and howsoever arising.
11.411.3. Where the Occupation Date is a date prior to the Transfer Date, risk in the Property and possession thereof will pass to the Purchaser on the Transfer Date. The Purchaser hereby irrevocably indemnifies the Seller against any claims or damages relating to the Property after the Completion Date, in respect of any contents held on the Property or inside the Building. The Purchaser acknowledges his responsibility to insure the contents thereof.
11.511.4. The Purchaser shall be liable for all Interim Levies, rates and taxes and taxes, water and electricity consumed in respect of the Property from the Occupation Date.
11.611.5. The Purchaser shall not be entitled to make any alterations or modifications of any nature to the Property between the Occupation Date and the Transfer Date.
11.7. Occupational Interest is payable by the Purchaser to the Seller if the Transfer Date is after the Completion Date or the Occupation Date, irrespective whichever is the earlier, whether or not occupation has actually been given to and taken by the Purchaser, which Occupational Interest will be payable as follows:.
11.7.1 11.5.1. The Purchaser shall pay the Occupational Interest to the Seller monthly in advance, the first payment to be made on or before the Occupation Date advance and thereafter on the first day each subsequent month, and.
11.7.2 11.5.2. The Purchaser shall, on the Transfer Date, be refunded a pro rata share of any Occupational Interest that has been paid in advance in respect of the period after the Transfer Date.
11.6. Risk in the Works will pass to the Purchaser on the Transfer Date.
11.7. In the event that the Seller anticipates that the actual Completion Date will be later than the estimated Completion Date, it shall give notice to the Purchaser, at least 30 (Thirty) days prior to the Completion Date, of the new expected Completion Date. The Purchaser shall have no claim against the Seller for damages or for compensation of any other nature by reason of the Completion Date having been amended.
11.8. Between The Property will during the Occupation Date construction period be under the control of the Contractor and the Transfer Date Purchaser will only be entitled to access the Property, prior to the Completion Date, if accompanied by the Contractor, on a pre-arranged time.
11.9. The Purchaser acknowledges that the rights of occupation and ownership of the Property are subject to the provisions of the Rules will RPA.
11.10. There shall at all times not be binding on more than 2 (Two) Occupants occupying the Property, of which 1 (One) must be a Retired Person and his or her Spouse, without the prior written consent of ZLEMHOA.
11.11. The Property must be occupied by the Purchaser, if the Purchaser is a natural person, but may be rented to a Retired Person in terms of the provisions of the RPA and Clause 11.10 of this Agreement.
11.12. The Medical Assessment Form must be completed and handed to the Seller on or before the Occupation Date. The medical status and sustainable independent living of the Occupants, must be to the satisfaction of the CCO, in its sole discretion.
Appears in 1 contract
Samples: Agreement of Sale