Common use of Purchase Price and Payment Clause in Contracts

Purchase Price and Payment. 3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 The purchase price shall be payable by the Purchaser to the Seller in cash against registration of transfer of the property into the name of the Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall within 10 (ten) days of being called upon to do so provide the transferring attorneys with a bank guarantee acceptable to them for payment of the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaser. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.

Appears in 6 contracts

Samples: Sale Agreement, Agreement of Sale, Agreement of Sale

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Purchase Price and Payment. 3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 2.1 The purchase price shall be the amount specified in the Schedule, which amount is inclusive of Value-Added Tax at the applicable VAT rate (currently 15%) payable by as follows: 2.1.1 a deposit in the Purchaser amount specified in the Schedule, payable in cash to the Seller in cash Attorneys within five (5) business days of the Signature date; 2.1.2 the balance of the purchase price against registration of transfer of the property into the name of the Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A.transfer. 3.3 For purposes of clause 3.2 – 3.3.1 the 2.2 The Purchaser shall within 10 30 (tenthirty) days from the date of being called upon to do so provide signature hereof by the transferring attorneys Seller furnish the Attorneys with a bank guarantee issued by a South African bank, or other guarantee acceptable to them the Seller, in the Seller's sole discretion, for the due payment of the balance of the purchase price (taking into account the deposit paid in terms price. The Seller shall not be required to give any reason for any refusal of paragraph 4 of Part A) against registration of transfer approval of the property into guarantee issued. 2.3 Notwithstanding the name provisions of the Purchaser2.2, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to shall have the right, at any other provisions time after execution of this agreement, all amounts to request the Purchaser to furnish, within 7 (seven) days of such request, proof to the satisfaction of the Seller confirming the Purchaser's financial ability to fulfil his obligations in terms of this agreement. 2.4 All monies payable by the Purchaser in terms of this Agreement, and unpaid on due date, shall bear interest at the rate of 3% (three percent) above the Prime Rate, calculated from the due date of payment to the actual date of payment thereof. 2.5 All or any payments to be effected hereunder, shall be effected by the Purchaser to the Seller in terms Attorneys, free of and arising from this agreement shall be made unconditionally any exchange, at Cape Town and without deduction or set-off set off. 2.6 On demand from the Attorneys, but prior to the Occupation Date, the Purchaser shall pay an amount equal to not less than 3 (three) months of estimated levies to the Attorneys. 2.7 The Purchaser hereby undertakes to provide the Attorneys with all such information and/or documentation required in order to comply with the Financial Intelligence Centre's Act No 38 of 2001 requirements. Any funds received into the trust account of the transferring attorneys referred to Attorneys shall be invested in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the an interest-bearing trust account for the benefit of the transferring attorneys Purchaser until date of registration of transfer of the purchase priceProperty, at which amount shall time the capital invested will be released to the Seller against registration of transfer and the interest (less the administration fee of the property into Attorneys and or any amounts due by the name of Purchaser under this Agreement) to the Purchaser. The Attorneys are so authorized. 3.6 Should the Purchaser deposit 2.8 Interest earned on any portion of the purchase price into invested for the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 Purchaser may be utilised towards payment of any amounts due by the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer dateunder this Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Purchase Price and Payment. 3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 6.1 The purchase price shall be payable paid by the Purchaser purchaser to the Seller seller as follows: 6.1.1 subject to 6.2 below, a deposit in cash the sum stipulated in item 5 of the schedule shall be paid by way of electronic transfer of funds into the trust account of the conveyancers, as stipulated in item 8 of the schedule, within the period as stated in item 5 of the schedule; and 6.1.2 the balance against transfer. 6.2 The purchaser shall be allowed to secure payment of no more than two thirds (2/3) of the deposit amount, as stipulated in item 5 of the schedule, by way of a guarantee or guarantees by a South African bank or other South African financial institution reasonably acceptable to the seller. Such guarantee shall be expressed to be payable against written notification from the conveyancers of cancellation of all existing mortgages over the property and registration of transfer or against cancellation of this agreement as a result of a breach by the purchaser (which cancellation will be confirmed by a letter from the conveyancers) and shall not be subject to any other conditions. The seller shall be entitled to nominate the beneficiary of the property into guarantee or guarantees and shall notify the name purchaser in writing of the Purchaser : Provided details of the beneficiary of the guarantee or guarantees and the terms and conditions acceptable to the seller. 6.3 The purchaser shall within 21 (twenty one) days after the signature date deliver to the conveyancers a letter from a Bank or other financial institution, on terms acceptable to the seller in its sole discretion, confirming that the deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall within 10 (ten) days of being called upon purchaser is financially able to do so provide the transferring attorneys with a bank guarantee acceptable to them for payment of pay the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part Adifference between the purchase price and the deposit) against registration of transfer of and/or deliver to the property into conveyancers the name of the Purchaser, which guarantee may be called for when the suspensive conditions letter as referred to in clauses 2.1.1 and 2.1.2 have been fulfilled;clause 3.3 above. 3.3.2 6.4 Notwithstanding clause 6.3, the transferring attorneys are hereby authorised purchaser shall within (10) business days of being called upon by the conveyancers to release do so, which request will not be made prior to fulfilment of the deposit suspensive condition contained in clause 3.1 (if applicable), deliver to the Seller against registration seller and/or the conveyancers a guarantee or guarantees by a South African bank or other South African financial institution reasonably acceptable to the seller for payment of transfer. 3.4 Subject to any other the purchase price in accordance with the provisions of this agreement. Such guarantee or guarantees shall be expressed to be payable against written notification from the conveyancers of cancellation of all existing mortgages over the property, all registration of transfer and registration of the mortgage bond (if any) referred to in clause 3.1 and shall not be subject to any other conditions. The seller shall be entitled to nominate the beneficiary of the guarantee or guarantees and shall notify the purchaser in writing of the details of the beneficiary of the guarantee or guarantees and the terms and conditions acceptable to the seller. 6.5 The deposit referred to in clause 6.1.1 above, as well as other payments of the purchase price which the purchaser may make to the conveyancers in terms of this agreement, shall be held in trust by the conveyancers and shall be paid to the seller or its nominee against transfer. The conveyancers are hereby irrevocably authorised in terms of Section 78(2A) of the Attorneys Act No. 53 of 1979 to invest such deposit in an interest bearing account with a bank or other financial institution of their choice. The conveyancers shall be entitled to debit against the interest an administration fee of 2,5% (two comma five percent) of the interest earned. All interest earned on funds so invested by the conveyancers, minus the said administration fee, shall accrue to the purchaser. 6.6 All amounts payable by the Purchaser to the Seller purchaser in terms of and arising from this agreement shall be made unconditionally paid to the conveyancers free of exchange or commission and without deduction or set-off into the trust account off, in cash or by means of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchasera bank guaranteed cheque or cheque drawn by a South African registered commercial bank. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

Purchase Price and Payment. 3.1 The purchase price of the property is subject matter shall be the amount referred to as such specified in paragraph 4 3 of Part A.the covering schedule inclusive of VAT. 3.2 The purchase price Purchaser shall be payable pay the deposit amount specified in paragraph 3.4 of the covering schedule upon signature of this agreement by the Purchaser to the Seller in cash against registration of transfer of the property into the name of the Purchaser : Provided that the deposit Seller’s attorneys, which amount shall be payable as set out held in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 trust by the Purchaser shall within 10 (ten) days of being called upon to do so provide the transferring Seller’s attorneys with a bank guarantee acceptable to them for payment of the balance of the purchase price (taking into account the deposit paid and invested in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred with interest to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit accrue to the Seller against Purchaser until the date of registration of transfer. 3.4 Subject to . The Purchaser acknowledges that the deposit and any other provisions of this agreement, all amounts payable additional funds paid by the Purchaser shall only be invested as above as from the date of compliance by the Purchaser with the requirements of the Financial Intelligence Centre Act, Act 38 of 2001 (“FICA”) by the provision by the Purchaser of the prescribed documentation to the Seller Seller’s attorneys, the Purchaser acknowledging that the Seller’s attorneys will not be in terms a position to invest such deposit for his / her benefit until such time as the necessary FICA documentation have been provided to the Seller’s attorneys. It being further recorded that details of and arising the FICA documentation which are required, are obtainable from this agreement the Seller’s agent upon request by the Purchaser. 3.3 The balance of the purchase price shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released paid to the Seller against registration of transfer of the property apartment into the name of the PurchaserPurchaser in the deeds office. 3.6 Should 3.4 With regards to the balance of the Purchase Price, the Purchaser deposit any portion shall furnish the Seller’s attorney with either : - 3.4.1 an irrevocable guarantee issued by a recognised commercial bank acceptable to the Seller in accordance with the specimen bank guarantee annexed hereto (marked "E"); or 3.4.2 a mortgage bond quotation and pre-agreement statement accepted by the Purchaser and issued by a recognised financial institution acceptable to the Seller, the terms and conditions whereof are also to be acceptable to the Seller; for the due payment of the balance of the purchase price against registration of transfer of the apartment into the trust account name of the transferring attorneys as contemplated Purchaser in clause 3.5 – 3.6.1 the deeds office within 30 days after date of signature by the Purchaser hereby authorizes of the transferring attorneys to invest agreement of sale. 3.5 All amounts payable by the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited Purchaser in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date this agreement shall be payable paid to the Purchaser immediately after the transfer dateSeller’s attorneys free of exchange or bank commission at Cape Town and without deduction or set off by means of a cheque drawn by a recognised commercial bank or a bank guaranteed cheque.

Appears in 1 contract

Samples: Sale Agreement

Purchase Price and Payment. 3.1 4.1 The purchase price of the property is subject matter shall be the amount referred specified the covering schedule as the Purchase Price. 4.2 The Purchaser shall pay the Purchase Price as follows: 4.2.1 the deposit specified in the covering schedule upon signature of this agreement to as such in paragraph 4 of Part A. 3.2 The purchase price the Seller’s Attorneys, which amount shall be payable held invested by the Seller’s Attorneys in terms of Section 78(2) of the Attorneys Act (No 53 of 1979) and invested in the name of the Purchaser with interest to accrue to the Purchaser and the capital to be paid to the Seller in cash upon registration of transfer of the unit. Should the deposit remain unpaid for a period of 4 days from date of signature of this Agreement, then the Seller automatically at its sole option has the right to declare this Sale null and void due to breach of contract by the Purchaser. The Seller is not required to give a written request for the deposit, which becomes due and payable upon signature of the Agreement. 4.2.2 the balance of the purchase price to the Seller’s Attorneys against registration of transfer of the property unit into the name of the Purchaser : Provided that at the deposit shall be payable as set out in paragraph 4 of Part A.Deeds Office. 3.3 For purposes of clause 3.2 – 3.3.1 the 4.3 The Purchaser shall within 10 (ten) 30 days of being called upon to do so provide signature of this Agreement furnish the transferring attorneys Seller’s Attorneys with payment of the full balance or the Purchase Price or with an irrevocable guarantee issued by a bank guarantee acceptable to them registered South African financial institution for the due payment of the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property unit forming part of the subject matter into the name of the Purchaser, which Purchaser in the deeds office. 4.3.1 Such guarantee may shall be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit on terms acceptable to the Seller against and must be redeemable free of any charges in central Cape Town upon written advices of the Seller’s Attorneys that such registration has taken place; 4.3.2 The Seller shall not be required to give any reason for any refusal of transfer. 3.4 Subject approval of the guarantee issued. Withdrawal by a guarantor as aforesaid, for any reason whatsoever, shall constitute a breach by the Purchaser of his obligations to any other provisions deliver a guarantee in terms of this clause and in respect of which breach the Seller shall not be required to give notice in terms of this agreement, all . 4.4 All amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally paid to the Seller’s Attorneys free of exchange or bank commission at Cape Town and without deduction or set-set off into by means of a cheque drawn by a recognised commercial bank or a bank guaranteed cheque. 4.5 In the trust account event of the transferring attorneys referred rate at which Vat is chargeable being amended after the date of signature hereof by the Purchaser and in circumstances in which the amended rate will apply to in paragraph 10 this transaction, then the purchase price shall be adjusted accordingly, the intention being that the Seller shall receive and retain the same amount after payment of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account Vat regardless of the transferring attorneys the purchase price, rate of which amount Vat is payable. 4.6 All payments shall be released made to the Seller against registration Seller's Attorneys Xxxxxxx Xxxxxxxx Xxxxxxxxx and may be directly deposited into their Trust Account Number 070826633 held at Standard Bank of transfer South Africa, Xxxxxxxx Square, branch code 020909, Swift Code XXXXXXXX. In the event of the property into the name of the Purchasersuch a deposit, confirmation thereof must be faxed to their offices at fax number 0000 000-0000, attention Xxxxxxx Xxxxxx or emailed to xxxxxxx@xxx.xx.xx. 3.6 4.7 Should the Purchaser deposit any portion of the purchase Purchase price into be paid by the trust account Purchaser to the Seller’s Attorneys 10 days or more before registration of the transferring attorneys transfer, then such payments shall be invested as contemplated set out in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date4.2.1.

Appears in 1 contract

Samples: Deed of Sale

Purchase Price and Payment. 3.1 The purchase price of the property is Property shall be the sum stated in the Schedule. The purchase price payable by the Purchaser to the Seller for the Property shall be paid by the Purchaser as follows: 3.1.1 A reservation deposit in the amount stated in the Schedule is payable to the Agent within 3 (three) Business days of the Signature Date. Initial 3.1.2 The balance of the purchase price to the Seller on the date of registration of transfer of the Property, payment of which shall be secured by an irrevocable bank guarantee delivered to the Conveyancers within 7 (seven) business days after receipt by the Purchaser of a written request from the Conveyancers to do so provided that, if applicable, such request will only be made after the loan referred to as such in paragraph 4 19.1.3 below has been granted. The aforesaid irrevocable bank guarantee shall be issued by a registered South African financial institution acceptable to the Seller. The said bank guarantee shall provide that payment in terms thereof shall be made, free of Part A.any exchange or bank charges, to the Conveyancers (for credit of the Seller) at Cape Town. 3.2 The purchase price shall be payable paid by the Purchaser to the Seller in cash against registration of transfer of the property into the name of the Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall within 10 (ten) days of being called upon to do so provide the transferring attorneys with a bank guarantee acceptable to them for payment of the balance of the purchase price (taking into account the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off off. 3.3 The Purchaser hereby undertakes to provide the Conveyancers with all such information and/or documentation required in order to comply with the Financial Intelligence Centre's Act No 38 of 2001 requirements. 3.4 Any funds received into the trust account of the transferring attorneys referred to Conveyancers shall be invested in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the an interest bearing trust account for the benefit of the transferring attorneys Purchaser until date of registration of transfer of the purchase priceProperty, at which amount shall time the capital invested will be released to the Seller against registration of transfer of and the property into the name of interest to the Purchaser. The Conveyancers are so authorised. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.

Appears in 1 contract

Samples: Agreement of Sale

Purchase Price and Payment. 3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 4.1 The purchase price shall be payable paid by the Purchaser purchaser to the Seller seller as follows – 4.1.1 a deposit in cash against registration of transfer the sum stipulated in item 5 of the property into schedule shall be paid within the name period as stated in the said item of the Purchaser : Provided that schedule; and 4.1.2 the deposit shall be payable as set out in paragraph 4 of Part A.balance against transfer. 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall 4.2 The purchaser, within 10 (ten) business days of being called upon by the conveyancers to do so provide so, shall deliver to the transferring attorneys with seller and/or the conveyancers a guarantee or guarantees by a bank guarantee or other financial institution reasonably acceptable to them the seller for payment of the balance of the purchase price (taking into account in accordance with the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement. Such guarantee shall be expressed to be payable against written notification from the conveyancers of cancellation of all existing mortgages over the property, all registration of transfer and registration of the mortgage bond (if any) referred to in clause 3.1 of the standard terms and conditions and shall not be subject to any other conditions. 4.3 The deposit referred to in clause 4.1.1 above, as well as any other payments which the purchaser may make to the conveyancers in terms of this agreement, shall be held in trust by the conveyancers and shall be paid to the seller against transfer. The conveyancers are hereby irrevocably authorised to invest such deposit in an interest bearing account with a bank or other financial institution of their choice. The conveyancer shall be entitled to debit against the interest an administration fee in respect of any funds so received and invested in accordance with the guidelines of the Law Society of the Cape. All interest earned on funds so invested by the conveyancer shall accrue to the purchaser. 4.4 All amounts payable by the Purchaser to the Seller purchaser in terms of and arising from this agreement shall be made unconditionally paid to the conveyancers free of exchange or commission and without deduction or set-off into the trust account off, in cash or by means of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchasera bank guaranteed cheque or cheque drawn by a South African registered commercial bank. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.

Appears in 1 contract

Samples: Sale Agreement

Purchase Price and Payment. 3.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 4.1 The purchase price shall be payable paid by the Purchaser purchaser to the Seller seller as follows: 4.1.1 a deposit in cash against registration the sum stipulated in item 5 of the schedule shall be paid by way of electronic transfer of the property funds into the name trust account of the Purchaser : Provided that conveyancers, within the deposit shall be payable period as set out stated in paragraph 4 item 5 of Part A.the schedule; and 3.3 For purposes of clause 3.2 –4.1.2 the balance against transfer. 3.3.1 the Purchaser 4.2 The purchaser shall within 10 (ten) business days of being called upon by the conveyancers to do so provide so, which request will not be made prior to fulfilment of the transferring attorneys with suspensive condition contained in clause 5.1 (if applicable), deliver to the seller and/or the conveyancers a guarantee or guarantees by a South African bank guarantee or other South African financial institution reasonably acceptable to them the seller for payment of the balance of the purchase price (taking into account in accordance with the deposit paid in terms of paragraph 4 of Part A) against registration of transfer of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement, all amounts payable by . Such guarantee 4.3 The purchaser hereby grants his/her/its consent that the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off conveyancers may invest any funds paid into the conveyancers’ trust account in respect of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaser. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing trust account with any of Standard Bank of South Africa Limitedat a reasonable, Absa Bank Limited, First National Bank or Investec Bank Limited competitive interest rate in terms of section Section 86(4) of the Legal Practice Act, No No. 28 of 2014; 3.6.2 2014 (“the LPA”) on behalf of, and for credit of the purchaser. The conveyancers shall be entitled to debit against the interest accruing an administration fee in respect of any funds so received and invested. The purchaser acknowledges that the conveyancers will only be able to invest the funds as aforesaid upon receipt of the documentation that will be requested from him/her/it in order to comply with the terms of the Financial Intelligence Centre Act, No. 38 of 2001. The purchaser is aware that, with effect from 1 March 2019, 5% (five percent) of the interest accrued on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.made in terms of this clause

Appears in 1 contract

Samples: Sale Agreement

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Purchase Price and Payment. 3.1 4.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 The purchase price Purchase Price shall be payable paid by the Purchaser to the Seller as follows: 4.1.1 A deposit in cash against registration the sum stipulated in item 5 of the schedule shall be paid by way of electronic transfer of the property funds into the name trust account of the Conveyancers, within the period as stated in item 5 of the schedule; and 4.1.2 The balance on Transfer. 4.2 The Purchaser : Provided that the deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall shall, within 10 (ten) days Business Days of being called upon by the Conveyancers to do so provide so, which request will not be made prior to fulfilment of the transferring attorneys with Suspensive Condition (if applicable), deliver to the Seller and/or the Conveyancers a guarantee or guarantees by a South African bank guarantee or other South African financial institution, reasonably acceptable to them the Seller, for payment of the balance of the purchase price (taking into account Purchase Price in accordance with the deposit paid in terms provisions of paragraph 4 this Agreement. Such guarantee or guarantees shall be expressed to be payable against written notification from the Conveyancers of Part A) against cancellation of all existing mortgages over the Property, registration of transfer and registration of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee mortgage bond (if any) referred to in clause 3.3.15.1 and shall not be subject to any other conditions. 4.3 The deposit referred to in clause 4.1.1 above, deposit into the trust account as well as other payments of the transferring attorneys Purchase Price which the purchase pricePurchaser may make to the Conveyancers in terms of this Agreement, which amount shall be released held in trust by the Conveyancers and shall be paid to the Seller or its nominee against registration Transfer. The Conveyancers are hereby irrevocably authorised in terms of transfer Section 86(4) of the property into the name Legal Practice Act 28 of the Purchaser. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys 2014 (“LPA”) to invest the sum so deposited such deposit in an interest-bearing account with any a bank or other financial institution of Standard Bank their choice, upon receipt by the Conveyancers of South Africa Limitedproof of payment by the Purchaser, Absa Bank Limitedtogether with the required Financial Intelligence Centre Act 38 of 2001 (“FICA”) documentation. In accordance with the provisions of section 86(5) of the LPA, First National Bank or Investec Bank Limited 5% (five percent) of interest accrued on accounts opened in terms of section 86(4) of the LPA must be paid over to the Legal Practice Act, No 28 of 2014; 3.6.2 Practitioner’s Fidelity Fund. The Conveyancers shall furthermore be entitled to debit against the interest accruing an administration fee of 2,5% (two comma five percent) of the interest earned. The balance of the interest earned on funds so invested by the investment concerned until Conveyancers shall accrue to the transfer date Purchaser. 4.4 The Seller shall be payable entitled to nominate the beneficiary of the guarantee and shall notify the Purchaser in writing of the details of the beneficiary of the guarantee and the terms and conditions acceptable to the Seller. 4.5 All amounts payable by the Purchaser immediately after in terms of this Agreement shall be paid to the transfer dateConveyancers free of exchange or commission and without deduction or set-off, in cash or by means of a bank guaranteed cheque or cheque drawn by a South African registered commercial bank. 4.6 The Purchaser shall be required to comply with FICA consequently: 4.6.1 the deposit payable by the Purchaser, as set out in clause 4.1.1 above cannot be invested and accordingly interest cannot accrue thereon until such time as the requirements in terms of FICA have been met; and 4.6.2 the Purchaser hereby renounces any claim for interest, where the claim arises from the Conveyancers being unable to invest the deposit as a result of the Purchaser not having properly complied with FICA.

Appears in 1 contract

Samples: Sale Agreement

Purchase Price and Payment. 3.1 4.1 The purchase price of the property is the amount referred to as such in paragraph 4 of Part A. 3.2 The purchase price Purchase Price shall be payable paid by the Purchaser to the Seller as follows: 4.1.1 A deposit in cash against registration the sum stipulated in item 5 of the schedule shall be paid by way of electronic transfer of the property funds into the name trust account of the Conveyancers, within the period as stated in item 5 of the schedule; and 4.1.2 The balance on Transfer. 4.2 The Purchaser : Provided that shall, within 45 days after the deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 Signature Date, deliver to the Purchaser shall within 10 (ten) days of being called upon to do so provide Seller and/or the transferring attorneys with Conveyancers a guarantee or guarantees by a South African bank guarantee or other South African financial institution, reasonably acceptable to them the Seller, for payment of the balance of the purchase price (taking into account Purchase Price in accordance with the deposit paid in terms provisions of paragraph 4 this Agreement. Such guarantee or guarantees shall be expressed to be payable against written notification from the Conveyancers of Part A) against cancellation of all existing mortgages over the Property, registration of transfer and registration of the property into the name of the Purchaser, which guarantee may be called for when the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 the transferring attorneys are hereby authorised to release the deposit to the Seller against registration of transfer. 3.4 Subject to any other provisions of this agreement, all amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and without deduction or set-off into the trust account of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee mortgage bond (if any) referred to in clause 3.3.15.1 and shall not be subject to any other conditions. 4.3 The deposit referred to in clause 4.1.1 above, deposit into the trust account as well as other payments of the transferring attorneys Purchase Price which the purchase pricePurchaser may make to the Conveyancers in terms of this Agreement, which amount shall be released held in trust by the Conveyancers and shall be paid to the Seller or its nominee against registration Transfer. The Conveyancers are hereby irrevocably authorised in terms of transfer Section 86(4) of the property into the name Legal Practice Act 28 of the Purchaser. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys 2014 (“LPA”) to invest the sum so deposited such deposit in an interest-bearing account with any a bank or other financial institution of Standard Bank their choice, upon receipt by the Conveyancers of South Africa Limitedproof of payment by the Purchaser, Absa Bank Limitedtogether with the required Financial Intelligence Centre Act 38 of 2001 (“FICA”) documentation. In accordance with the provisions of section 86(5) of the LPA, First National Bank or Investec Bank Limited 5% (five percent) of interest accrued on accounts opened in terms of section 86(4) of the LPA must be paid over to the Legal Practice Act, No 28 of 2014; 3.6.2 Practitioner’s Fidelity Fund. The Conveyancers shall furthermore be entitled to debit against the interest accruing an administration fee of 2,5% (two comma five percent) of the interest earned. The balance of the interest earned on funds so invested by the investment concerned until Conveyancers shall accrue to the transfer date Purchaser. 4.4 The Seller shall be payable entitled to nominate the beneficiary of the guarantee and shall notify the Purchaser in writing of the details of the beneficiary of the guarantee and the terms and conditions acceptable to the Seller. 4.5 All amounts payable by the Purchaser immediately after in terms of this Agreement shall be paid to the transfer dateConveyancers free of exchange or commission and without deduction or set-off, in cash or by means of a bank guaranteed cheque or cheque drawn by a South African registered commercial bank. 4.6 The Purchaser shall be required to comply with FICA consequently: 4.6.1 the deposit payable by the Purchaser, as set out in clause 4.1.1 above cannot be invested and accordingly interest cannot accrue thereon until such time as the requirements in terms of FICA have been met; and 4.6.2 the Purchaser hereby renounces any claim for interest, where the claim arises from the Conveyancers being unable to invest the deposit as a result of the Purchaser not having properly complied with FICA.

Appears in 1 contract

Samples: Sale Agreement

Purchase Price and Payment. 3.1 3.1. The purchase price of the property is the amount referred to as such stipulated in paragraph 4 of Part A.A.3. 3.2 3.2. The purchase price shall be is payable by the Purchaser to the Seller as follows: 3.2.1. Should a deposit be payable in cash against registration terms of transfer A.3.1 of the property into the name of the Purchaser : Provided that the First Schedule, such deposit shall be payable as set out in paragraph 4 of Part A. 3.3 For purposes of clause 3.2 – 3.3.1 to the Purchaser shall developers attorneys within 10 (ten) 14 days of being called upon signature date. The developer’s attorneys trust account details appear in 3.6below. The Purchaser instructs the Developer's attorneys to do so provide invest the transferring attorneys with deposit in an interest bearing trust account in terms of the provisions of Section 78 (2)(A) Attorneys Amendment Act No. 53/1973, and to pay over the deposit to the Developer on registration date. All interest earned on the aforesaid investment will accrue to the Purchaser. 3.2.2. The Purchaser undertakes and binds himself to cause a bank guarantee acceptable guarantee/s to them be issued for payment of the balance of the purchase price (taking into account referred to in A.3.2 of the deposit paid first schedule to the satisfaction of the Developer or the developer's attorneys in terms of paragraph 4 which payment of Part A) against registration of transfer such balance of the property into purchase price is guaranteed by a duly registered South African Commercial Bank and payable on the name registration date; 3.3. The Purchaser shall be liable for the costs of the Purchaser, which guarantee may guarantee/s referred to in paragraph 3.2.2above. 3.4. The guarantee/s referred to in paragraph 3.2.2shall be called for when delivered to the developer's attorneys within 21 days of fulfillment of the suspensive conditions referred to in clauses 2.1.1 and 2.1.2 have been fulfilled; 3.3.2 paragraph 4.1below. However, should the transferring attorneys are hereby authorised provisions of paragraph 4 below not be applicable, the Purchaser shall be obliged to release deliver the deposit guarantee/s to the Seller against registration developers attorneys within 21 days of transferreceiving written request from the developers attorneys. 3.4 Subject to any other provisions of this agreement, all 3.5. All amounts payable by the Purchaser to the Seller in terms of and arising from this agreement shall be made unconditionally and paid without deduction at the address appointed for payment above or set-off into at such other place or places in the trust account of the transferring attorneys referred to in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaser. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank Republic of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited as the Developer may indicate in terms of section 86(4) writing. 3.6. Details of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.developer’s attorneys trust account are as follows: ACCOUNT NAME : X. XXXXXXX ATTORNEYS TRUST ACCOUNT BANK : FIRST NATIONAL BANK ACCOUNT NUMBER : 623 722 04570 ACB : 252245 REF: :

Appears in 1 contract

Samples: Agreement of Sale

Purchase Price and Payment. 3.1 The purchase Purchase price reflected in the schedule 4 above is payable as follows: 2.1. The PURCHASER shall pay R equal to 10% (ten percentum) of the property purchase price. The deposit is payable within 3 (three) calendar days after signature of this agreement. In the amount referred to as event of the PURCHASER being a non- resident of the Republic of South Africa, such in paragraph 4 of Part A. 3.2 The purchase price PURCHASER shall be payable by obliged to pay a 20% (twenty percentum) deposit. The deposit will be paid into the Purchaser to the Seller in cash against registration of transfer trust account of the property into Conveyancers, interest will be for the name benefit of the Purchaser purchaser, the details of which are as follows: Provided that the deposit shall be payable as set out in paragraph 4 of Part A.Bank: Standard Bank Account Name: XXXXXX & ASSOCIATES Account Number: 070 276 692 BRANCH CODE: 025609 reference: quote unit number) 3.3 For purposes of clause 3.2 – 3.3.1 the Purchaser shall within 10 2.2. Within twenty one (ten21) days of being called upon written request to do so provide the transferring PURCHASER by the attorneys, the PURCHASER shall deliver to the attorneys with a bank guarantee alternatively a written approval in terms acceptable to them the SELLER provided by a registered South African Commercial Bank or other financial institution approved by the SELLER in its absolute discretion for payment of the balance of the purchase price (taking into against registration of transfer; provided that such request will only be made after the purchaser’s bond is approved. 2.3. All payments to be effected to the attorneys unless otherwise required by the SELLER. 2.4. The Purchase price as payable per schedule 4 shall be paid in cash or bank guaranteed cheque and shall be held in trust by the SELLER’S Conveyancers in an interest bearing account pending registration of transfer, for which investment this Agreement shall be sufficient authority. All interest earned on the deposit shall accrue to the PURCHASER. The deposit shall not be paid to the SELLER until registration of transfer, or until it shall become otherwise payable in terms hereof. It is recorded that payment of the deposit as aforementioned is a suspensive condition and that failure to pay the deposit within the said time period or within such extended period as the SELLER in its sole discretion may allow, the herein mentioned Agreement of Sale shall be null and void ab initio and of no force and effect whatsoever. 2.5. Withdrawal by a guarantor as aforesaid, for any reason whatsoever, shall constitute a breach by the PURCHASER of his obligation to deliver a guarantee in terms of paragraph 4 this clause and in respect of Part A) which breach the SELLER shall not be required to give notice in terms of clause 17 . The remedies as provided for in clause 15 shall be applicable. If the PURCHASER fails to effect payment of the purchase price against a tender of registration of transfer of the property into the name Unit and registration of cession of the Purchaserexclusive use rights in his name (which payment shall be by way of a cheque negotiable upon presentation drawn by a South African commercial bank in favour of attorneys), which guarantee may the SELLER shall be called for when entitled to either to terminate this Agreement or to require the suspensive conditions referred PURCHASER to fulfil his obligations in clauses 2.1.1 and 2.1.2 have been fulfilled;terms of this Agreement. 3.3.2 the transferring attorneys 2.6. The Conveyancers are hereby irrevocably authorised to release invest such deposit in an interest bearing account in terms of Section 78 (2) of the deposit Attorneys Act No 53 of 1979, with a bank or other financial institution of their choice. All interest earned shall accrue to the Seller against PURCHASER pending registration of transfer. The PURCHASER hereby agrees to pay an administration fee levied by the said Conveyancers in respect of the said investment. 3.4 Subject to any other provisions 2.7. In the event of this agreement, all amounts payable the rate at which VAT is chargeable being amended after the date of signature hereof by the Purchaser PURCHASER and in circumstances in which the amended rate will apply to this transaction, then the Seller in terms purchase price shall be adjusted accordingly, the intention being that the SELLER shall receive and retain the same amount after payment of and arising from this agreement VAT regardless of the rate at which VAT is payable. 2.8. All payments shall be made unconditionally to the Conveyancers and without deduction or set-off may be directly deposited into their Trust Account. In the trust account event of such a direct deposit, confirmation thereof must be faxed to their offices. In the event of the transferring attorneys referred PURCHASER failing to notify the Conveyancers of any deposit made, the Conveyancers shall not be liable to account for any loss in paragraph 10 of Part A. 3.5 The Purchaser may, instead of furnishing the guarantee referred to in clause 3.3.1, deposit into the trust account of the transferring attorneys the purchase price, which amount shall be released to the Seller against registration of transfer of the property into the name of the Purchaserinterest. 3.6 Should the Purchaser deposit any portion of the purchase price into the trust account of the transferring attorneys as contemplated in clause 3.5 – 3.6.1 the Purchaser hereby authorizes the transferring attorneys to invest the sum so deposited in an interest-bearing account with any of Standard Bank of South Africa Limited, Absa Bank Limited, First National Bank or Investec Bank Limited in terms of section 86(4) of the Legal Practice Act, No 28 of 2014; 3.6.2 the interest accruing on the investment concerned until the transfer date shall be payable to the Purchaser immediately after the transfer date.

Appears in 1 contract

Samples: Agreement of Sale

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