PURCHASER’S ACKNOWLEDGMENTS. The Purchaser acknowledges that: - 7.1 the Seller shall be entitled to subdivide any section in the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requires. The Purchaser hereby consents to the aforesaid subdivisions and consolidations, insofar as his consent may be required, and hereby irrevocably and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid; 7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986; 7.2.1 the Purchaser irrevocably and in rem suam appoints the Seller to exercise the Purchaser’s voting rights with regard to the appointment of the Trustees of the Body Corporate and the appointment of Managing Agents of the Scheme, the Purchaser acknowledging that the Administrator or its nominee may apply to be appointed as Managing Agents of the Scheme; and 7.2.2 the Purchaser shall not be entitled to vote in favour of the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section in the Scheme or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986. 7.3 he will not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that – 7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach); 7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association; 7.3.3 the Administrator and the Operator grant their consent, which consent shall not be unreasonably withheld, to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Operator by the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below. 7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to the provisions of this Contract, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and to the Purchaser’s exclusion, to attend all such meetings and do all such things as are necessary to give effect to the provisions of this clause. Provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section in the Scheme or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986; 7.5 the Seller’s appointment of the Administrator, on terms and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser; 7.6 the Administrator’s appointment of the Operator to fulfil the functions as provided for in the Service Level Agreement, is irrevocable, final and binding on the Purchaser; 7.7 he has purchased the Property in the Scheme and transfers will be effected in phases. Transfer to the Purchaser will take place simultaneously with transfers to other purchasers in the Scheme, as a result of which transfer of the Property to the Purchaser may be delayed. The Purchaser shall pay occupational rental and other charges described in clause 6 above from Date of Possession to Date of Transfer, both days inclusive; 7.8 the maximum number of people who shall be entitled to occupy the property shall be determined by multiplying the number of bedrooms of any Unit by two; 7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes; 7.10 he shall be bound by the terms set out Annexure “R” hereto; 7.11 he understands the English language and considers itself fluent therein; 7.12 he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same; 7.13 the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he did not understand, such provisions were fully explained to the Purchaser.
Appears in 3 contracts
Samples: Contract of Sale, Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that: -
7.1 that he is aware of the Seller shall be entitled intended future development of Xxxxxx by the Developer. Such development may involve the establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of Xxxxxx so designed as to subdivide any section in facilitate an aesthetic and harmonious style blending with the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requiresenvironment. The Purchaser hereby consents undertakes that he will, at all times, co-operate with the Developer in an endeavour to facilitate the success of the development within Xxxxxx. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property within Xxxxxx, whether in accordance with the Xxxxxx Master Plan or Xxxxxx Estate Layout Plan or otherwise;
19.1.2 special consent usages within Xxxxxx;
19.1.3 the amendment or partial amendment of any general plan in respect of the property within Xxxxxx, whether in accordance with the Xxxxxx Master Plan or Xxxxxx Estate Layout Plan or otherwise;
19.1.4 removal of restrictive conditions of title within Xxxxxx;
19.1.5 subdivisional/consolidation applications, whether in accordance with the Xxxxxx Master Plan or Xxxxxx Estate Layout Plan or otherwise;
19.1.6 the closing of roads within Xxxxxx; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated within Xxxxxx.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the aforesaid subdivisions Environmental Management Restrictions as the Developer in its sole discretion requires and consolidations, insofar as his consent may be required, and is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Seller Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to exercise the Purchaser’s voting rights with regard object to the appointment construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Trustees Property arising out of any interference with the views from the Property by reason of the Body Corporate construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the appointment of Managing Agents of the SchemeMunicipality. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever, arising out of whatever cause, against the Administrator or its nominee may apply to be appointed as Managing Agents Master Management Association, any members of the Scheme; andDesign Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 19.5 The Purchaser shall not be entitled to vote in favour of make application to rezone the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of Xxxxxx and Xxxxxx Estate may vary as Xxxxxx and Xxxxxx Estate is developed and the Developer shall in no way be bound to its current plans for the design and layout of Xxxxxx and Xxxxxx Estate.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:
19.8.1 for reasons of security on Xxxxxx Estate and due to the nature of the proposed development of Xxxxxx Estate and the various matters about which any purchaser should become aware when buying into Xxxxxx Estate, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to extend accredit the Scheme estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the erection Developer as a contribution towards, inter alia, the marketing of Xxxxxx Estate. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at least one section, as anticipated in Section 25 the date of Act 95/1986transfer or cession of same (plus Value Added Tax thereon).
7.3 he 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of Xxxxxx and Xxxxxx Estate. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any monies being due and owing of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this ContractContract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clause. Provided all any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms hereof of this clause 19 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in Section 25 a neat and tidy condition from Date of Act 95/1986Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
7.5 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller’s appointment , or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out, or establish any beacons in relation to the boundaries of the AdministratorProperty.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, on terms but in no way limited to, the extent and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment locality of the Operator to fulfil Property as well as the functions as provided for in subsoil conditions prevailing upon the Service Level Agreement, is irrevocable, final Property and binding on the Purchaser;
7.7 he has purchased permitted use of the Property in terms of the zoning thereof under the Scheme and transfers all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be effected in phases. Transfer accordance with all the requirements of the Municipality or any other responsible authority.
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser will take place simultaneously with transfers acknowledges and agrees that he shall be liable to other purchasers in the Scheme, as a result of which transfer of pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser may when the Property is connected to the aforesaid systems (which shall not be delayedprior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser shall pay occupational rental and agrees to make payment to this service provider (or such other charges described party as the Association may contract from time to time, in clause 6 above from Date this regard) directly in respect of Possession to Date of Transferelectricity it uses. Further in this regard, both days inclusive;
7.8 it is recorded that the maximum number of people who Purchaser shall be entitled liable to occupy make payment of a once off capital contribution to this service provider (or such other party as the property Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be determined paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both Xxxxxx and Zululami Estates for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on Xxxxxx and Zululami Estates. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by multiplying way of notarial deeds of servitude over the number private open spaces of bedrooms of any Unit Xxxxxx and Zululami Estates.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown (as defined in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;MOI).
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
7.12 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 3 contracts
Samples: Contract of Sale, Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that: that he is aware of the intended future development of the Parent Property by the Developer or its successor-
7.1 in-title or nominee. Such development may involve the Seller shall be entitled establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of the Parent Property so designed as to subdivide any section in facilitate an aesthetic and harmonious style blending with the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requiresenvironment. The Purchaser hereby consents undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development of the Parent Property. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property;
19.1.2 special consent usages;
19.1.3 the amendment or partial amendment of the Developer’s Area Plan;
19.1.4 removal of restrictive conditions of title;
19.1.5 subdivisional/consolidation applications;
19.1.6 the closing of roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated; either within Xxxxxx or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the aforesaid subdivisions Environmental Management Restrictions as the Developer in its sole discretion requires and consolidations, insofar as his consent may be required, and is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Seller Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to exercise the Purchaser’s voting rights with regard object to the appointment construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Trustees Property arising out of any interference with the views from the Property by reason of the Body Corporate construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the appointment of Managing Agents of the SchemeMunicipality. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever, arising out of whatever cause, against the Administrator or its nominee may apply to be appointed as Managing Agents Master Management Association, Association, any members of the Scheme; andDesign Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 19.5 The Purchaser shall not be entitled to vote in favour of make application to rezone the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of Xxxxxx may vary as Xxxxxx is developed and the Developer shall in no way be bound to its current plans for the design and layout of Xxxxxx.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:
19.8.1 for reasons of security on Xxxxxx and due to the nature of the proposed development of Xxxxxx and the various matters about which any purchaser should become aware when buying into Xxxxxx, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to extend accredit the Scheme estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the erection Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at least one section, as anticipated in Section 25 the date of Act 95/1986transfer or cession of same (plus Value Added Tax thereon).
7.3 he 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any monies being due and owing of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this ContractContract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clause. Provided all any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms hereof of this clause 19 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in Section 25 a neat and tidy condition from Date of Act 95/1986Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
7.5 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller’s appointment , or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out or establish any beacons in relation to the boundaries of the AdministratorProperty.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, on terms but in no way limited to, the extent and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment locality of the Operator to fulfil Property as well as the functions as provided for in subsoil conditions prevailing upon the Service Level Agreement, is irrevocable, final Property and binding on the Purchaser;
7.7 he has purchased permitted use of the Property in terms of the zoning thereof under the Scheme and transfers all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be effected in phases. Transfer accordance with all the requirements of the Municipality or any other responsible authority.
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser will take place simultaneously with transfers acknowledges and agrees that he shall be liable to other purchasers in the Scheme, as a result of which transfer of pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser may when the Property is connected to the aforesaid systems (which shall not be delayedprior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser shall pay occupational rental and agrees to make payment to this service provider (or such other charges described party as the Association may contract from time to time, in clause 6 above from Date this regard) directly in respect of Possession to Date of Transferelectricity it uses. Further in this regard, both days inclusive;
7.8 it is recorded that the maximum number of people who Purchaser shall be entitled liable to occupy make payment of a once off capital contribution to this service provider (or such other party as the property Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be determined paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both Xxxxxx and Zululami Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on Xxxxxx and Zululami Estate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by multiplying way of notarial deeds of servitude over the number private open spaces of bedrooms of any Unit Xxxxxx and Zululami Estate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown (as defined in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;MOI).
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
7.12 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that: that he is aware of the intended future development of the Parent Property by the Developer or its successor-
7.1 in-title or nominee. Such development may involve the Seller shall be entitled establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of the Parent Property so designed as to subdivide any section in facilitate an aesthetic and harmonious style blending with the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requiresenvironment. The Purchaser hereby consents undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development of the Parent Property. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property;
19.1.2 special consent usages;
19.1.3 the amendment or partial amendment of the Developer’s Area Plan;
19.1.4 removal of restrictive conditions of title;
19.1.5 subdivisional/consolidation applications;
19.1.6 the closing of roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated; either within Xxxxxx or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the aforesaid subdivisions Environmental Management Restrictions as the Developer in its sole discretion requires and consolidations, insofar as his consent may be required, and is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Seller Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to exercise the Purchaser’s voting rights with regard object to the appointment construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Trustees Property arising out of any interference with the views from the Property by reason of the Body Corporate construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the appointment of Managing Agents of the SchemeMunicipality. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever, arising out of whatever cause, against the Administrator or its nominee may apply to be appointed as Managing Agents Master Management Association, Association, any members of the Scheme; andDesign Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 19.5 The Purchaser shall not be entitled to vote in favour of make application to rezone the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of Xxxxxx may vary as Xxxxxx is developed and the Developer shall in no way be bound to its current plans for the design and layout of Xxxxxx.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that:
19.8.1 for reasons of security on Xxxxxx and due to the nature of the proposed development of Xxxxxx and the various matters about which any purchaser should become aware when buying into Xxxxxx, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to extend accredit the Scheme estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the erection Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at least one section, as anticipated in Section 25 the date of Act 95/1986transfer or cession of same (plus Value Added Tax thereon).
7.3 he 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any monies being due and owing of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this ContractContract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clause. Provided all any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms hereof of this clause 19 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in Section 25 a neat and tidy condition from Date of Act 95/1986Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
7.5 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller’s appointment , or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out or establish any beacons in relation to the boundaries of the AdministratorProperty.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, on terms but in no way limited to, the extent and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment locality of the Operator to fulfil Property as well as the functions as provided for in subsoil conditions prevailing upon the Service Level Agreement, is irrevocable, final Property and binding on the Purchaser;
7.7 he has purchased permitted use of the Property in terms of the zoning thereof under the Scheme and transfers all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be effected in phases. Transfer accordance with all the requirements of the Municipality or any other responsible authority.
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser will take place simultaneously with transfers acknowledges and agrees that he shall be liable to other purchasers in the Scheme, as a result of which transfer of pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser may when the Property is connected to the aforesaid systems (which shall not be delayedprior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser shall pay occupational rental and agrees to make payment to this service provider (or such other charges described party as the Association may contract from time to time, in clause 6 above from Date this regard) directly in respect of Possession to Date of Transferelectricity it uses. Further in this regard, both days inclusive;
7.8 it is recorded that the maximum number of people who Purchaser shall be entitled liable to occupy make payment of a once off capital contribution to this service provider (or such other party as the property Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be determined paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both Xxxxxx and Zululami Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on Seaton and Zululami Estate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by multiplying way of notarial deeds of servitude over the number private open spaces of bedrooms of any Unit Seaton and Zululami Estate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown (as defined in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;MOI).
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
7.12 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that: that he is aware of the intended future development of the Parent Property by the Developer or its successor-
7.1 in-title or nominee. Such development may involve the Seller shall be entitled establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of the Parent Property so designed as to subdivide any section in facilitate an aesthetic and harmonious style blending with the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requiresenvironment. The Purchaser hereby consents undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development of the Parent Property. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, it’s successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property;
19.1.2 special consent usages;
19.1.3 the amendment or partial amendment of the Developer’s Area Plan; READ ONLY
19.1.4 removal of restrictive conditions of title;
19.1.5 subdivisional/consolidation applications;
19.1.6 the closing of roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated; either within Xxxxxx or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the aforesaid subdivisions Environmental Management Restrictions as the Developer in its sole discretion requires and consolidations, insofar as his consent may be required, and is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Seller Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to exercise the Purchaser’s voting rights with regard object to the appointment construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Trustees Property arising out of any interference with the views from the Property by reason of the Body Corporate construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the appointment of Managing Agents of the SchemeMunicipality. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever, arising out of whatever cause, against the Administrator or its nominee may apply to be appointed as Managing Agents Master Management Association, Association, any members of the Scheme; andDesign Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 19.5 The Purchaser shall not be entitled to vote in favour of make application to rezone the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of Xxxxxx may vary as Xxxxxx is developed and the Developer shall in no way be bound to its current plans for the design and layout of Xxxxxx.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that: READ ONLY
19.8.1 for reasons of security on Xxxxxx and due to the nature of the proposed development of Xxxxxx and the various matters about which any purchaser should become aware when buying into Xxxxxx, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to extend accredit the Scheme estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the erection Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at least one section, as anticipated in Section 25 the date of Act 95/1986transfer or cession of same (plus Value Added Tax thereon).
7.3 he 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent. READ ONLY
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any monies being due and owing of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this ContractContract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clause. Provided all any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms hereof of this clause 19 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in Section 25 a neat and tidy condition from Date of Act 95/1986Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
7.5 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller’s appointment , or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out or establish any beacons in relation to the boundaries of the AdministratorProperty.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, on terms but in no way limited to, the extent and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment locality of the Operator to fulfil Property as well as the functions as provided for in subsoil conditions prevailing upon the Service Level Agreement, is irrevocable, final Property and binding on the Purchaser;
7.7 he has purchased permitted use of the Property in terms of the zoning thereof under the Scheme and transfers all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be effected in phasesaccordance with all the requirements of the Municipality or any other responsible authority. Transfer READ ONLY
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser will take place simultaneously with transfers acknowledges and agrees that he shall be liable to other purchasers in the Scheme, as a result of which transfer of pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser may when the Property is connected to the aforesaid systems (which shall not be delayedprior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser shall pay occupational rental and agrees to make payment to this service provider (or such other charges described party as the Association may contract from time to time, in clause 6 above from Date this regard) directly in respect of Possession to Date of Transferelectricity it uses. Further in this regard, both days inclusive;
7.8 it is recorded that the maximum number of people who Purchaser shall be entitled liable to occupy make payment of a once off capital contribution to this service provider (or such other party as the property Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be determined paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both Xxxxxx and Zululami Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on Xxxxxx and Zululami Estate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by multiplying way of notarial deeds of servitude over the number private open spaces of bedrooms of any Unit Xxxxxx and Zululami Estate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown (as defined in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;MOI).
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
7.12 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 18.1 The Purchaser acknowledges thatthat he is aware of the intended future development on the Estate by the Seller. Such development is intended to involve the establishment of high quality residential units on various portions of the Estate so designed as to facilitate an aesthetic and harmonious style blending with the environment. The Purchaser hereby undertakes that he will, at all times, co-operate with the Seller in an endeavour to facilitate the success of the developments within the Estate. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Seller, its nominee or agent for: -
7.1 18.1.1 any rezoning or change of use or additional use in respect of any property within the Estate, whether in accordance with the Layout Plan or otherwise;
18.1.2 special consent usages;
18.1.3 the amendment or partial amendment of any general plan in respect of the property within the Estate, whether in accordance with the Layout Plan or otherwise;
18.1.4 removal of restrictive conditions of title;
18.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
18.1.6 the closing of roads within the Estate; and
18.1.7 the incorporation of any additional land which the Seller shall may determine be entitled incorporated within the development.
18.2 The Purchaser hereby authorises the Seller to subdivide motivate and obtain approval of any section in amendments at any time (before or after Date of Transfer) to the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, EMP as the Seller in its sole discretion requires and absolute discretion requires. The insofar as is necessary the Purchaser hereby consents to irrevocably appoints the aforesaid subdivisions and consolidations, insofar Seller as his consent may be required, attorney and hereby irrevocably and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
18.3 The Purchaser acknowledges that no building or other structure may be erected on the Seller Property and further, no alteration or extension may be made to exercise any existing building or other structure, save in accordance with building plans that have been approved by the Purchaser’s voting rights with regard to the appointment of the Trustees of the Body Corporate Association and the appointment of Managing Agents of the SchemeLocal Authority. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever arising, out of whatever cause against the Administrator or its nominee may apply to be appointed as Managing Agents Association, any members of the Scheme; andDesign Review Committee and the Seller refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 18.4 The Purchaser shall not be entitled to vote make application to rezone the Property or to change its use from that currently specified in favour the Town Planning Scheme without the consent of the amendment Seller.
18.5 The Purchaser acknowledges that:
18.5.1 for reasons of any security on the Estate and due to the nature of the Rules without proposed development of the Estate and the various matters about which any purchaser should become aware when buying into the Estate, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
18.5.2 this clause is inserted for the benefit of the Seller’s prior written consent, provided all who shall be entitled to enforce its terms by law;
18.5.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
a) to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller’s rights and obligations ;
b) whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms hereof shall lapse when precisely as this clause so that the Seller no longer owns a section in the Scheme or shall always have the right to extend accredit the Scheme by estate agent when the erection of at least one section, as anticipated in Section 25 of Act 95/1986Property is sold or otherwise disposed of.
7.3 18.6 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he will shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 18.5 of the Conditions of Sale mutatis mutandis.
18.7 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of any monies being due and owing the final completion occupation certificate not having been issued by the Local Authority or the Design Review Committee not having given Development Approval.
18.8 In the event of a breach of this clause 18, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of this Contractclause 18 are complied with and no party to this Contract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
18.9 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clauseclause 18 have been complied with.
18.10 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
18.11 The Purchaser acknowledges and agrees that: -
18.11.1 it is the Purchaser’s responsibility to investigate all matters affecting the Property;
18.11.2 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted use of the Property in terms of the zoning thereof under the Town Planning Scheme and all other matters affecting the development thereof;
18.11.3 the Purchaser is responsible for applying to the appropriate authorities for water, electricity and sewerage connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any Buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
18.12 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Local Authority sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be in accordance with all the requirements of the Local Authority or any other responsible authority.
18.13 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and terrestrial analogue and digital television signals. Provided The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system and a further fee to connect the Dwelling Units in the Scheme. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser when the Property is connected to the aforesaid system (which shall not be prior to the completion of the first Dwelling Unit on the Property if this has not already occurred). In addition, the Purchaser shall notify their Purchasers that they shall be obliged, once the aforesaid connection has been made and the system is operational, to enter into a service contract with the service provider appointed by the Seller to operate the aforesaid communication system, which will entail the payment of a monthly fee by their purchasers.
18.14 The Purchaser acknowledges that the Seller is in the process of entering into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser agrees to make payment to this supplier (or such other party as the Seller may contract from time to time, in this regard) directly in respect of electricity it uses. Further in this regard, it is recorded that the Purchaser shall be liable to make payment of a once off capital contribution to this supplier (or such other party as the Seller may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be paid when construction of the first Dwelling Unit on the Property commences.
18.15 It is recorded that the Purchaser shall be obliged to insure the Property and the development of the Scheme on the Property with the insurance company nominated by the Seller (as defined in the MOI).
18.16 The Purchaser acknowledges that he shall be obliged to utilise the Seller’s name for the scheme as reflected in clause 1.14 of the Contract of Sale together with the logo and branding material in all marketing and other documentation relating to the Scheme.
18.17 All the Seller’s rights and obligations in terms hereof of this paragraph 18 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated in Section 25 of Act 95/1986;far as needs be.
7.5 the Seller’s appointment of the Administrator, on terms and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment of the Operator to fulfil the functions as provided for in the Service Level Agreement, is irrevocable, final and binding on the Purchaser;
7.7 he has purchased the Property in the Scheme and transfers will be effected in phases. Transfer to the Purchaser will take place simultaneously with transfers to other purchasers in the Scheme, as a result of which transfer of the Property to the Purchaser may be delayed. 18.18 The Purchaser shall pay occupational rental and other charges described in clause 6 above from Date of Possession to Date of Transfer, both days inclusive;
7.8 the maximum number of people who shall be entitled to occupy the property shall be determined by multiplying the number of bedrooms of any Unit by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 acknowledges that he understands the English language and considers itself fluent therein;
7.12 18.19 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 18.20 The Purchaser acknowledges that the Seller undertook that the Seller Seller, or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 19.1 The Purchaser acknowledges that: that he is aware of the intended future development of the Parent Property by the Developer or its successor-
7.1 in-title or nominee. Such development may involve the Seller shall be entitled establishment of resorts, business and commercial premises, education facilities, multiple unit developments and high - quality residential units on various portions of the Parent Property so designed as to subdivide any section in facilitate an aesthetic and harmonious style blending with the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requiresenvironment. The Purchaser hereby consents undertakes that he will, at all times, co-operate with the Developer or its successor-in-title or nominee, in an endeavour to facilitate the success of the development of the Parent Property. 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. The Purchaser agrees he will not object to any application made by or on behalf of the Developer, its successors-in-title, its nominee or agent for:
19.1.1 any rezoning or change of use or additional use in respect of any property;
19.1.2 special consent usages;
19.1.3 the amendment or partial amendment of the Developer’s Area Plan; READ ONLY
19.1.4 removal of restrictive conditions of title;
19.1.5 subdivisional/consolidation applications;
19.1.6 the closing of roads; and
19.1.7 the incorporation of any additional land which the Developer may determine be incorporated; either within Xxxxxx or in respect of the Parent Property.
19.2 The Purchaser hereby authorises the Developer to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the aforesaid subdivisions Environmental Management Restrictions as the Developer in its sole discretion requires and consolidations, insofar as his consent may be required, and is necessary the Purchaser hereby irrevocably appoints the Developer as his attorney and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 the Purchaser irrevocably and agent in rem suam appoints to sign any documents as may be necessary to obtain such amendments.
19.3 The Purchaser specifically acknowledges that owners of properties surrounding the Seller Property will be erecting buildings and other structures on the surrounding properties which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to exercise the Purchaser’s voting rights with regard object to the appointment construction of any building or other structure on the properties on the basis that such building or other structure blocks or otherwise interferes with the views from the Property, nor will he have any claim for any alleged diminishment in the value of the Trustees Property arising out of any interference with the views from the Property by reason of the Body Corporate construction of any such building or other structure.
19.4 The Purchaser acknowledges that no building or other structure may be erected on the Property and further, no alteration or extension may be made to any existing building or other structure, save in accordance with building plans that have been approved by the Design Review Committee and the appointment of Managing Agents of the SchemeMunicipality. Furthermore, the Purchaser acknowledging agrees that he will have no claim whatsoever, arising out of whatever cause, against the Administrator or its nominee may apply to be appointed as Managing Agents Master Management Association, Association, any members of the Scheme; andDesign Review Committee and the Seller for refusing to approve or delaying the approval of any plans submitted by the Purchaser save where the Purchaser can prove mala fides on the part of the Design Review Committee.
7.2.2 the 19.5 The Purchaser shall not be entitled to vote in favour of make application to rezone the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section Property or to change its use from that currently specified in the Scheme without the consent of the Developer.
19.6 In no way detracting from the generality of any other provision of this Contract it is recorded that the design and layout of Xxxxxx may vary as Xxxxxx is developed and the Developer shall in no way be bound to its current plans for the design and layout of Xxxxxx.
19.7 It is recorded that the Association shall be entitled to cede any of its rights in terms of this Contract to the Master Management Association and vice-a-versa. In addition, the Master Management Association shall be entitled (but not obliged) to appoint the Association to represent it and to exercise its rights in respect of the building plan approval process and assume its other rights and duties.
19.8 The Purchaser acknowledges that: READ ONLY
19.8.1 for reasons of security on Xxxxxx and due to the nature of the proposed development of Xxxxxx and the various matters about which any purchaser should become aware when buying into Xxxxxx, if the Purchaser wishes to dispose of the Property, or any share therein or any subdivision thereof, or any sectional title unit erected thereon or any real right thereon, he shall, to the extent that he requires the services of an estate agent in regard to such disposal, do so in accordance with this clause;
19.8.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
19.8.3 any owner who acquires the Property and who thereafter wishes to dispose of the Property, shall –
19.8.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;
19.8.3.2 whether or not he utilises the services of an estate agent, include a clause in any document pursuant by which he disposes of the Property on the same terms precisely as this clause so that the Seller shall always have the right to extend accredit the Scheme estate agent when the Property is sold or otherwise disposed of.
19.9 The Purchaser further acknowledges that in the event of the Purchaser being an artificial person, such as a close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary of the Purchaser (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser (as the case may be) he shall to the extent that he requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 19.8 of the Conditions of Sale mutatis mutandis.
19.10 The Purchaser acknowledges that in the event of the Purchaser disposing of the Property, or in the event of the Purchaser being an artificial person, such as a close corporation, company or trust and the member’s interest, shares or beneficial interest (as the case may be) being disposed of, privately, (i.e. without the assistance of an estate agent), then in that event, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the erection Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The aforesaid fee charged by the Developer shall be in the sole discretion of the Developer, but shall not exceed 1% (one percent) of the purchase price (plus Value Added Tax thereon) of the Property, member’s interest, shares or beneficial interest (as the case may be) or in the event of the Property, member’s interest, shares or beneficial interest (as the case may be) not being sold, shall not exceed 1% (one percent) of the market value of the Property, member’s interest, shares or beneficial interest (as the case may be) at least one section, as anticipated in Section 25 the date of Act 95/1986transfer or cession of same (plus Value Added Tax thereon).
7.3 he 19.11 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard sale or lease agreement), prescribed by the Association.
19.12 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Developer as a contribution towards, inter alia, the marketing of Xxxxxx. The contribution will be an amount determined by the Developer from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent. READ ONLY
19.13 The Purchaser shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Association by the Purchaser or the Purchaser being in breach of any of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 . In no way detracting from the Administrator and generality of the Operator grant their consentaforesaid, which consent it is specifically recorded that the Association shall not be unreasonably withheld, to such sale or other transfer (which give its consent it shall be entitled to withholdin this regard if, inter alia, any levies, or other amounts payable to the Association by the Purchaser are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation certificate not having been issued by the Municipality or the Design Review Committee not having given Development Approval.
19.14 In the event of a breach of any monies being due and owing of clauses 19.8 – 19.13, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the Operator by sale and transfer of the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 below.
7.4 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburg, as the Seller believes is necessary to give effect to Property until the provisions of any of clauses 19.8 – 19.13 are complied with and no party to this ContractContract of Sale shall have any claim for damages arising out of the Seller’s refusal to give such written approval.
19.15 In order to protect the Seller’s rights in this regard, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and Property shall be transferred to the Purchaser’s exclusion, subject to attend all such meetings a condition in the title deeds to the Property to the effect that the Property, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller first being had and do all such things as are necessary to give effect to obtained, which consent the Seller shall grant provided the provisions of this clause. Provided all any of clauses 19.8 – 19.13 have been complied with.
19.16 All the Seller’s rights and obligations in terms hereof of this clause 19 shall lapse be ceded and assigned to the Association when the Seller no longer owns a section “Development Period” (as defined in the Scheme or MOI) ends, which cession and assignment the right to extend the Scheme by the erection of at least one sectionPurchaser agrees to, as anticipated far as needs be.
19.17 The Purchaser shall at all times ensure that the Property is kept in Section 25 a neat and tidy condition from Date of Act 95/1986Occupation.
19.18 The Purchaser acknowledges and agrees that: -
19.18.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
7.5 19.18.2 as at the Date of Signature, the beacons marking the boundaries of the Property are in place. The Purchaser undertakes to make immediate arrangements with the Seller’s appointment , or its agent, to inspect the beacons, whereafter, the Seller shall have no further obligation to the Purchaser to either point out or establish any beacons in relation to the boundaries of the AdministratorProperty.
19.18.3 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, on terms but in no way limited to, the extent and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment locality of the Operator to fulfil Property as well as the functions as provided for in subsoil conditions prevailing upon the Service Level Agreement, is irrevocable, final Property and binding on the Purchaser;
7.7 he has purchased permitted use of the Property in terms of the zoning thereof under the Scheme and transfers all other matters affecting the development thereof;
19.18.4 the Purchaser is responsible for applying to the appropriate authorities and/or any supplier of services for water, sewerage, electricity or gas connection to the Property (and all fees, deposits and other application costs in this regard shall be for the account of the Purchaser) and for submitting plans for approval in respect of any buildings or other structures to be erected on the Property, the Seller and its agents being entirely free from all liability in respect of such matters.
19.19 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into the Municipality sewerage system or any other drainage system and warrants that, in conducting its operations on the Property, the disposal of any effluent from the Property will be effected in phasesaccordance with all the requirements of the Municipality or any other responsible authority. Transfer READ ONLY
19.20 It is recorded that the Seller is in the process of procuring the installation of the necessary infrastructure required to provide connectivity to the Property for electronic mail and broadband internet access, fixed line telephone communication, intercom operations and satellite television. The Purchaser will take place simultaneously with transfers acknowledges and agrees that he shall be liable to other purchasers in the Scheme, as a result of which transfer of pay connection fees to connect the Property to the aforesaid systems. The aforesaid fees shall be payable to the Seller’s service provider and shall be paid by the Purchaser may when the Property is connected to the aforesaid systems (which shall not be delayedprior to the completion of the Dwelling on the Property if this has not already occurred). In addition, the Purchaser shall be obliged, once the aforesaid connections have been made and the systems are operational, to enter into service contracts with the service providers appointed by the Seller’s service provider to operate the aforesaid communication systems, which will entail the payment of monthly fees by the Purchaser.
19.21 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply of electricity to residents of the Estate. The Purchaser shall pay occupational rental and agrees to make payment to this service provider (or such other charges described party as the Association may contract from time to time, in clause 6 above from Date this regard) directly in respect of Possession to Date of Transferelectricity it uses. Further in this regard, both days inclusive;
7.8 it is recorded that the maximum number of people who Purchaser shall be entitled liable to occupy make payment of a once off capital contribution to this service provider (or such other party as the property Association may contract from time to time, in this regard) in respect of the installation of various infrastructure. The aforesaid amount shall be determined paid when construction of the Dwelling on the Property commences.
19.22 It is recorded that the Developer and the developer of the neighbouring Zululami Estate have concluded a reciprocity agreement for the entrenchment of reciprocal traversing rights over the private open spaces of both Xxxxxx and Zululami Estate for the benefit of Members of both Estates. The purpose of this agreement is for residents of both Estates to enjoy the benefit of the private open spaces, including, but not limited to, traversing the foot paths, mountain bike trails, golf cart paths and bridle paths, and access to, and the use and enjoyment of, the clubhouses on Xxxxxx and Zululami Estate. Neither association shall be obliged to provide monetary compensation to the other for this reciprocal right. These traversing rights shall be entrenched by multiplying way of notarial deeds of servitude over the number private open spaces of bedrooms of any Unit Xxxxxx and Zululami Estate.
19.23 It is recorded that the Purchaser shall be obliged to insure the Property with the insurance company nominated by two;
7.9 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown (as defined in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;MOI).
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 19.24 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
7.12 19.25 The Purchaser acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 19.26 The Purchaser acknowledges that the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 7.1 The Purchaser acknowledges that: -
7.1 7.1.1 the Seller shall be entitled to subdivide any section in the Scheme owned by it and/or consolidate any two adjacent sections in the Scheme owned by it, as the Seller in its sole and absolute discretion requires. The Purchaser hereby consents to the aforesaid subdivisions and consolidations, insofar as his consent may be required, and hereby irrevocably and in rem suam, nominates, constitutes and appoints any director of the Seller, with power of substitution, to call and attend any meeting of the Body Corporate or of the trustees of the Body Corporate, on the Purchaser’s behalf, and to vote in favour of such resolution that may be required to give effect to any consolidation or subdivision of the sections in the Scheme that the Seller may require, as aforesaid;
7.2 7.1.2 for so long as the Seller owns a section or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.2.1 7.1.2.1 the Purchaser irrevocably and in rem suam appoints the Seller to exercise the Purchaser’s voting rights with regard to the appointment of the Trustees of the Body Corporate and the appointment of Managing Agents of the Scheme, the Purchaser acknowledging that the Administrator or its nominee may apply to be appointed as Managing Agents of the Scheme; and
7.2.2 7.1.2.2 the Purchaser shall not be entitled to vote in favour of the amendment of any of the Rules without the Seller’s prior written consent, provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section in the Scheme or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986.
7.3 he 7.1.3 the Purchaser will not be entitled bound in relation to sell or otherwise transfer ownership the occupancy of the Property unless it is a suspensive condition of such sale or other transfer that –
7.3.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to withholdProperty, inter alia, and in the event of any monies being due and owing relation to the Association use of the common property, by the Conduct Rules applicable to the Scheme. The Purchaser or acknowledges that he has perused the said Conduct Rules and has fully acquainted himself with the contents thereof.
7.1.4 the Purchaser being will be bound by the Ecosystem Management Plan as defined in breach of any clause 1.16 above in relation to the use of the Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and failing to remedy such breach);
7.3.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association;
7.3.3 the Administrator and the Operator grant their consent, which consent shall not be unreasonably withheld, to such sale or other transfer (which consent it shall be entitled to withhold, inter alia, in the event of any monies being due and owing to the Operator by the Purchaser or the Purchaser failing to abide by the conditions of resale as stipulated in clause 25 belowConservation Servitude.
7.4 7.1.5 the Seller may make such alterations or amendments to the Management and/or Conduct Rules as well as to file such altered and amended Management and/or Conduct Rules in the Deeds Registry at Pietermaritzburgas required by Act 9/2011, as the Seller believes is necessary to give effect to the provisions of this Contract, and so as to provide for the harmonious operation of this Scheme, and for that purpose the Purchaser irrevocably and in rem suam, nominates, constitutes and appoints the Seller as the Purchaser’s duly authorised attorney, agent and proxy on the Purchaser’s behalf, and to the Purchaser’s exclusion, to attend all such meetings and do all such things as are necessary to give effect to the provisions of this clause. Provided all the Seller’s rights and obligations in terms hereof shall lapse when the Seller no longer owns a section in the Scheme or the right to extend the Scheme by the erection of at least one section, as anticipated in Section 25 of Act 95/1986;
7.5 the Seller’s appointment of the Administrator, on terms and conditions as herein recorded and to fulfil the functions as provided for in this Contract, is irrevocable, final and binding on the Purchaser;
7.6 the Administrator’s appointment of the Operator to fulfil the functions as provided for in the Service Level Agreement, is irrevocable, final and binding on the Purchaser;
7.7 7.1.6 he has purchased the Property in the Scheme and transfers will may be effected in phases. Transfer to the Purchaser will take place simultaneously with transfers to other purchasers in each phase of the Scheme, as a result of which transfer of the Property to the Purchaser may be delayed. The Purchaser shall pay occupational rental and other charges described in clause 6 above from Date of Possession to Date of Transfer, both days inclusive;
7.8 7.1.7 the maximum number of people who shall be entitled to occupy the property shall be determined by multiplying the number of bedrooms of any Unit by two;
7.9 7.1.8 the Seller and/or the Estate Agents may have used models, brochures and other advertising material in marketing the Scheme to the Purchaser and the public at large. The furniture, finishes and fittings shown in the advertising material is for advertisement purposes only and the finishes shall be in accordance with the Schedule of Finishes;
7.10 he shall be bound by the terms set out Annexure “R” hereto;
7.11 7.1.9 he understands the English language and considers itself fluent therein;
7.12 7.1.10 he has had an opportunity to carefully read and consider the provisions of the Contract and that he has been free to secure independent legal advice in respect of the provisions of same;
7.13 7.1.11 the Seller undertook that the Seller or the Conveyancers, would explain any provisions of the Contract which the Purchaser may not have understood fully and, to the extent that the Purchaser made the Seller aware of any provisions of the Contract he did not understand, such provisions were fully explained to the Purchaser;
7.1.12 the Seller shall enter into an agreement with its nominated service provider to procure the installation of the necessary infrastructure required in order to provide electronic communication services to the Property which will include the laying of a fibre optic cable on the Scheme. The Purchaser shall be responsible for contracting with the internet service provider of his choice from the list of available service providers and for purchasing the required hardware, including the hardware for DSTV if so required.
7.2 It is recorded that the eThekwini Municipality requires the discharge and treatment of sewerage and effluent emanating from the Scheme to be dealt with privately. In this regard, the Developer shall enter into agreement with the eThekwini Municipality and Xxxxxx Road Water Service Provider (Pty) Ltd on such terms and conditions as the Developer deems fit, which agreement shall be ceded to the Body Corporate at the inaugural meeting, in order to deal with the efficient discharge and treatment of sewerage and effluent. The costs of discharging and treating the sewerage and effluent emanating from the Scheme in terms of the agreement contemplated above, shall be met by the Body Corporate from the monthly levy payable to it by its members. The Developer however warrants that the aforesaid Xxxxxx Road Waste Water Services Provider (Pty) Ltd owns the property on Xxxxxx Road on which a fully operational sewer works has been constructed (which sewer works is capable of dealing with the treatment of all sewerage and effluent emanating from the Scheme when fully developed).
7.3 It is recorded that the Unit may be served by a solar hot water generation system or an electric geyser in accordance with eThekwini Municipality requirements.
7.4 The Purchaser shall not, sell, assign, cede or dispose of the Purchaser's rights under this Contract.
Appears in 1 contract
Samples: Contract of Sale
