Purchaser’s Acknowledgements. The purchaser acknowledges that he is aware and fully acquainted with the Dunkirk Development and the scheme and in particular that: 2.1 the property falls within the Dunkirk Estate and as such will be subject to the rules and regulations of the Estate as amended from time to time by the Homeowners Association; 2.2 the Scheme and the Estate shall be managed by a Homeowners' Association in addition to a Body Corporate and that, in addition to the purchaser being a member of the Body Corporate, the purchaser shall also be obliged to be a member of the Homeowners' Association; 2.3 the unit is sold in accordance with the sectional plan and the participation quota endorsed thereon subject to any modification or alterations which may be made thereto from time to time in accordance with the provisions of the Act or of any authority; and subject to the conditions of title that may be incorporated therein; 2.4 The precise boundaries of the section forming part of the unit hereby sold shall be as depicted upon the sectional plan as approved in terms of the Act. 2.5 if the areas of common property are found not to correspond to those set out in the agreement, the seller shall not be liable for any shortfall nor shall he be entitled to claim compensation for any surplus; 2.6 the management and conduct rules contained in the regulations to the Act shall apply subject to any changes and modifications allowed by the Act and which the seller may deem necessary provided that such rules may grant to the members of the body corporate, the sole and exclusive use of areas of the common property as envisaged in Section 27(A) of the Act; 2.7 the unit is sold subject to the Memorandum and Articles of Association of the association, with which the purchaser declares himself fully acquainted. 2.8 The purchaser acknowledges that, notwithstanding anything contained herein or elsewhere, no dwelling or other structure shall be erected on any property within the estate (including the property on which the scheme is laid out) save in accordance with building plans that have been submitted to and approved of in writing by the Association and the local or any other competent authority and no work whatsoever shall commence in this regard until such time as the relevant approvals have been obtained, Further any building or other structure erected on any property within the estate shall be constructed by a contractor approved of by the developer and supervised by a professional architect. 2.9 The purchaser waives all claims against the developer for any loss or damage to property or injury to person which the purchaser may sustain in or about the unit, or any other portion of the estate and indemnifies the developer against any such claim that may be made against the developer by a member of the purchaser’s family, or any tenant, nominee, invitee or other person who occupies the unit or goes upon the estate by virtue of the purchaser’s right thereto, for any loss or damage to property or injury to persons suffered in or about the unit, or any other part of the estate however such loss or damage to property or injury to person may be caused.
Appears in 2 contracts
Samples: Re Sale Agreement, Re Sale Agreement
Purchaser’s Acknowledgements. The purchaser Purchaser acknowledges that he and agrees that: the Development will be constructed in phases and the Section is a Scheme Section in one of such phases; the Seller will reserve the Real Right of Extension in its favour which will entitle it to construct the Development in phases and extend the Scheme in accordance with such Real Right of Extension; the Seller intends to amend the Body Corporate Rules for the management, control and administration of the Scheme and the Land as prescribed by section 10 of the Sectional Titles Scheme Management Act, which amended Body Corporate Rules will be registered simultaneously with the establishment of the Scheme; the Seller will in such amended Body Corporate Rules impose a condition in terms of which the right to exclusive use of such part or parts of the Common Property, delineated for exclusive use on the Sectional Plan is conferred upon the owner or owners of one or more of the Sections (and in terms of which the Purchaser will be entitled to the exclusive use of the Parking Bays); upon approval of the Sectional Plan, the: numbering of the Scheme Sections; and physical location of the Parking Bay/s allocated to the Purchaser may change; the Seller undertakes to record such changes refer if any, in an addendum to the Agreement as soon as possible after the changes become known and the Purchaser undertakes to immediately sign such addendum when called upon to do so; the Purchaser is aware of and fully acquainted with the Dunkirk Development fact that the Scheme has not yet commenced, the Section have not been constructed and the scheme and in particular that:
2.1 matters hereinafter set forth; it will only be possible for the property falls within Seller to effect Transfer on or after the Dunkirk Estate and as such will be subject to the rules and regulations registration of the Estate as amended from time to time by the Homeowners Association;
2.2 the Scheme Sectional Plan and the Estate shall be managed by a Homeowners' Association in addition to a Body Corporate and that, in addition to the purchaser being a member opening of the Body CorporateSectional Title Register; and the Purchaser has read and approved this Agreement including its Appendices and accepts that the Purchaser is obliged, on the purchaser shall also be obliged Registration Date, to be a member accept delivery of the Homeowners' Association;
2.3 the unit is sold Section: substantially completed in accordance with this Agreement; and as finally depicted and delineated on the sectional plan Sectional Plan. The Purchaser, by initialling in the adjacent block, acknowledges having read and the participation quota endorsed thereon subject to any modification or alterations which may be made thereto from time to time in accordance with understood the provisions of the Act or of any authority; and subject to the conditions of title that may be incorporated therein;
2.4 The precise boundaries this clause 23 Initials of the section forming part of the unit hereby sold shall be as depicted upon the sectional plan as approved in terms of the Act.
2.5 if the areas of common property are found not to correspond to those set out in the agreement, the seller shall not be liable for any shortfall nor shall he be entitled to claim compensation for any surplus;
2.6 the management and conduct rules contained in the regulations to the Act shall apply subject to any changes and modifications allowed by the Act and which the seller may deem necessary provided that such rules may grant to the members of the body corporate, the sole and exclusive use of areas of the common property as envisaged in Section 27(A) of the Act;
2.7 the unit is sold subject to the Memorandum and Articles of Association of the association, with which the purchaser declares himself fully acquainted.
2.8 The purchaser acknowledges that, notwithstanding anything contained herein or elsewhere, no dwelling or other structure shall be erected on any property within the estate (including the property on which the scheme is laid out) save in accordance with building plans that have been submitted to and approved of in writing by the Association and the local or any other competent authority and no work whatsoever shall commence in this regard until such time as the relevant approvals have been obtained, Further any building or other structure erected on any property within the estate shall be constructed by a contractor approved of by the developer and supervised by a professional architect.
2.9 The purchaser waives all claims against the developer for any loss or damage to property or injury to person which the purchaser may sustain in or about the unit, or any other portion of the estate and indemnifies the developer against any such claim that may be made against the developer by a member of the purchaser’s family, or any tenant, nominee, invitee or other person who occupies the unit or goes upon the estate by virtue of the purchaser’s right thereto, for any loss or damage to property or injury to persons suffered in or about the unit, or any other part of the estate however such loss or damage to property or injury to person may be caused.Purchaser
Appears in 1 contract
Samples: Sale Agreement
Purchaser’s Acknowledgements. 13.1. The purchaser Purchaser acknowledges that he is aware of the intended future development of the IFA Zimbali Estate by the Seller within the Estate developed by IFA (for example the further reservation of rights to develop). It is intended for the development to be aesthetically pleasing and fully acquainted to have a harmonious style which blends with the Dunkirk Development environment. The Purchaser hereby undertakes that he will, at all times, co-operate with IFA and the scheme Seller in an endeavour to facilitate the success of the said development. Also in this respect, the Purchaser undertakes that he shall not unreasonably interfere with any such proposed development nor lodge an objection with any competent authority in respect of any such development. In particular, but without derogating from the generality of the foregoing, the Purchaser agrees that he will not object to any application made by or on behalf of IFA and the Seller, its nominee or agent for special usage consent, licences for shopping, commercial, rezoning, removal of conditions of title under the Removal of Restrictive Conditions Act or by way of an application to Court or to any local or other competent authority in particular that:
2.1 the respect of any property falls within the Dunkirk Estate or any adjacent or nearby developments carried out by IFA or the Seller.
13.2. The Purchaser acknowledges that:-
(a) for reasons of security on the Estate and as such will be subject due to the rules and regulations nature of the proposed development of the Estate as amended from time to time by the Homeowners Association;
2.2 the Scheme and the Estate shall be managed by a Homeowners' Association in addition various matters about which any purchaser should become aware when buying into the Estate, if the Purchaser wishes to a Body Corporate and thatdispose of the UNIT, in addition or any share therein or any subdivision thereof, he shall, to the purchaser being a member extent that he requires the services of the Body Corporatean estate agent in regard to such disposal, the purchaser shall also be obliged to be a member of the Homeowners' Association;
2.3 the unit is sold do so in accordance with this clause;
(b) this clause is inserted for the sectional plan benefit of the Seller, who shall be entitled to enforce its terms by law;
(c) any owner who acquires the UNIT and who thereafter wishes to dispose of the participation quota endorsed thereon subject UNIT, shall:-
(i) to the extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller; and
(ii) whether or not he utilises the services of an estate agent, include a clause in any modification document pursuant by which he disposes of the UNIT on the same terms precisely as this clause so that any future owner of the UNIT shall, to the extent that such owner requires the service of an estate agent in regard to the disposal of the UNIT, be required to appoint only an estate agent accredited by the Seller.
13.3. The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or alterations which trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be made thereto from time be) wishing to time dispose of the member’s interest, shares or beneficial interest in accordance the Purchaser (as the case may be) the Purchaser shall procure that such party shall, to the extent that such party requires the services of an estate agent in regard to such disposal, complies with the provisions of the Act or Conditions of any authority; Sale which shall apply, mutatis mutandis.
13.4. In order to maintain high standards and subject with a view to ensuring attractive and harmonious development within the Estate, all owners within the Estate shall be required to adhere to the conditions of title that may be incorporated therein;
2.4 The precise boundaries of the section forming part of the unit hereby sold shall be architectural and landscaping controls applicable to their particular UNIT as depicted upon the sectional plan as approved in terms of the Act.
2.5 if the areas of common property are found not to correspond to those set out in the agreement, the seller shall not be liable for any shortfall nor shall he be entitled to claim compensation for any surplus;
2.6 the management and conduct rules contained in the regulations to the Act shall apply subject to any changes and modifications allowed formulated by the Act and which the seller may deem necessary provided that such rules may grant to the members of the body corporate, the sole and exclusive use of areas of the common property as envisaged in Section 27(A) of the Act;
2.7 the unit is sold subject to the Memorandum and Articles of Association of the association, with which the purchaser declares himself fully acquainted.
2.8 The purchaser acknowledges that, notwithstanding anything contained herein or elsewhere, no ZEMA. Any dwelling or other structure shall to be erected on the Parent Property, or any property within alteration or extension to any existing dwelling or other structure on the estate (including the property on which the scheme is laid out) save Parent Property, shall be done strictly in accordance with the building plans that have been submitted to and approved of in writing by the Association ZEMA and the local (or any other competent competent) authority and no work whatsoever shall commence in this regard until such time as the relevant approvals have approval has been obtained. In no way detracting from the generality of the aforesaid, Further it is recorded that any building dwelling, garage, storeroom or screen or other structure walls to be erected on any property within the estate Parent Property shall be constructed by of cement or clay brick.
13.5. The Purchaser further acknowledges that, notwithstanding the fact that the UNIT may not be utilised for any timeshare or fractional ownership purposes, other than in terms of a contractor approved of scheme conducted by the developer and supervised by a professional architect.
2.9 The purchaser waives all claims against Seller, the developer for any loss or damage to property or injury to person which the purchaser may sustain in or about the unitSeller, or its successors in title, will continue to conduct timeshare/fractional ownership schemes in respect of other sectional title units situate upon the Parent Property and the Purchaser shall not be entitled to withhold any other portion consent to the operation of such schemes by the estate and indemnifies the developer against any such claim that may be made against the developer by a member of the purchaser’s family, Seller or any tenant, nominee, invitee or other person who occupies third party it may transfer the relevant sectional title unit or goes upon the estate by virtue of the purchaser’s right thereto, for any loss or damage to property or injury to persons suffered in or about the unit, or any other part of the estate however such loss or damage to property or injury to person may be causedto.
Appears in 1 contract
Samples: Offer to Purchase
Purchaser’s Acknowledgements. The purchaser acknowledges that he is aware and fully acquainted with the Dunkirk Development and the scheme and in particular that:
2.1 the property falls within the Dunkirk Estate and as such will be subject to the rules and regulations of the Estate as amended from time to time by the Homeowners Association;
2.2 the Scheme and the Estate shall be managed by a Homeowners' Association in addition to a Body Corporate and that, in addition to the purchaser being a member of the Body Corporate, the purchaser shall also be obliged to be a member of the Homeowners' Association;
2.3 the unit is sold in accordance with the sectional plan and the participation quota endorsed thereon subject to any modification or alterations which may be made thereto from time to time in accordance with the provisions of the Act or of any authority; and subject to the conditions of title that may be incorporated therein;
2.4 The precise boundaries of the section forming part of the unit hereby sold shall be as depicted upon the sectional plan as approved in terms of the Act.
2.5 if the areas of common property are found not to correspond to those set out in the agreement, the seller shall not be liable for any shortfall nor shall he be entitled to claim compensation for any surplus;
2.6 the management and conduct rules contained in the regulations to the Act shall apply subject to any changes and modifications allowed by the Act and which the seller may deem necessary provided that such rules may grant to the members of the body corporate, the sole and exclusive use of areas of the common property as envisaged in Section 27(A) of the Act;
2.7 the unit is sold subject to the Memorandum and Articles of Association of the association, with which the purchaser declares himself fully acquainted.
2.8 The purchaser acknowledges that, notwithstanding anything contained herein or elsewhere, no dwelling or other structure shall be erected on any property within the estate (including the property on which the scheme is laid out) save in accordance with building plans that have been submitted to and approved of in writing by the Association and the local or any other competent authority and no work whatsoever shall commence in this regard until such time as the relevant approvals have been obtained, Further any building or other structure erected on any property within the estate shall be constructed by a contractor approved of by the developer and supervised by a professional architect.
2.9 The purchaser waives all claims against the developer for any loss or damage to property or injury to person which the purchaser may sustain in or about the unit, or any other portion of the estate and indemnifies the developer against any such claim that may be made against the developer by a member of the purchaser’s family, or any tenant, nominee, invitee or other person who occupies the unit or goes upon the estate by virtue of the purchaser’s right thereto, for any loss or damage to property or injury to persons suffered in or about the unit, or any other part of the estate however such loss or damage to property or injury to person may be caused.
3 Additional rights acquired / exclusive use areas
3.1 The Body Corporate shall make rules, in terms of section 27(A) of the Act, which confer rights of exclusive use enjoyment in favour of the purchaser, of those parts of the property described as areas of exclusive use.
3.2 The purchaser’s rights in terms of this clause may not be sold or otherwise disposed of to anyone except the person to whom the purchaser sells or disposes of the unit.
4 Seller's warranties and indemnity
4.1 Save as provided in this contract, the purchaser purchases the unit voetstoots and shall have no claim against the seller in respect of any defects whether latent or patent in the unit or the common property of the scheme.
4.2 The purchaser acknowledges that the developer and/or its agents, contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the property and the Estate and the purchaser agrees that the developer and/or its agents, contractors and workmen shall at all times have reasonable access to the property for the purposes of carrying out such work as may be necessary to enable the developer to procure the erection and layout of the aforementioned dwellings, driveways and other structures. The purchaser shall have no claim whatsoever against the developer by reason of any inconvenience or interference with the purchaser's rights arising here out and the purchaser shall not, in any way whatsoever, interfere with the performance of the aforesaid work.
Appears in 1 contract
Samples: Re Sale Agreement
