PURCHASER’S ACKNOWLEDGMENTS. 17.1 The Purchaser acknowledges that 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: 17.1.1 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; 17.1.2 special consent usages; 17.1.3 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; 17.1.4 removal of restrictive conditions of title; 17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise; 17.1.6 the closing of roads within the Estate; and 17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development. 17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments. 17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land 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 Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure. 17.4 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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. 17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller. 17.6 The Purchaser acknowledges that: 17.6.1 for reasons of security on the Estate and due to the nature of the 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; 17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law; 17.6.3 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; 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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of. 17.7 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 18.5 of the Conditions of Sale mutatis mutandis. 17.8 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon). 17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association. 17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent. 17.11 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 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in 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 Local Authority or the Design Review Committee not having given Development Approval. 17.12 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 sale and transfer of the Property until the provisions of this clause 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. 17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to 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 obtained, which consent the Seller shall grant provided the provisions of this clause 18 have been complied with. 17.14 All the Seller’s rights and obligations in terms of paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be. 17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation. 17.16 The Purchaser acknowledges and agrees that: - 17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property; 17.16.2 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; 17.16.3 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. 17.17 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. 17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser. 17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences. 17.20 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). 17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein; 17.22 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; 17.23 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 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. 17.1 14.1 The Purchaser PURCHASER acknowledges that he is aware of the intended future development on of the Estate RESORT by the SellerDEVELOPER, which development will consist of upmarket residential dwellings, golf course(s), hotels, commercial properties, private and publicly accessible recreational areas, water body and sports club. Such development It is intended for the development to involve the establishment of high quality residential units on various portions of the Estate so designed as be aesthetically pleasing and to facilitate an aesthetic and have a harmonious style blending which blends with the environment. The Purchaser PURCHASER hereby undertakes that he will, at all times, co-operate with the Seller DEVELOPER in an endeavour to facilitate the success of the developments within the Estatesaid development. Also in this respect, the Purchaser 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 In particular, but without derogating from the generality of the foregoing, the PURCHASER agrees that he will not object to any application made by or on behalf of the SellerDEVELOPER, its nominee or agent for:
17.1.1 for special usage consent, licences for shopping, commercial, filling station rights, rezoning, removal of conditions of title under the Removal of Restrictive Conditions Act or by way of an application to Court or to any rezoning local or change of use or additional use other competent authority in respect of any property within the Estate, whether RESORT. Again in accordance with no way detracting from the Layout Plan or otherwise;
17.1.2 special consent usages;
17.1.3 the amendment or partial amendment of any general plan in respect generality of the property within aforesaid, the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser PURCHASER specifically acknowledges that owners of land surrounding the Property PROPERTY will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the PropertyPROPERTY. The Purchaser PURCHASER agrees he shall have no right to object to the construction of any building or other structure on any land within the land RESORT on the basis that such building or other structure blocks or otherwise interferes with the views from the PropertyPROPERTY, nor will he have any claim for any alleged diminishment diminution in the value of the Property PROPERTY arising out of any interference with the views from the Property PROPERTY by reason of the construction of any such building or other structure.
17.4 14.2 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges thatPURCHASER acknowledgesthat:
17.6.1 14.2.1 for reasons of security on the Estate RESORT and due to the nature of the proposed development of the Estate RESORT and the various thevarious matters about which any proposed purchaser should become aware when buying into the EstateRESORT, if the Purchaser PURCHASER wishes to dispose of the Property, PROPERTY or any share therein or any subdivision thereof, or any sectional title unit erected thereon or UNIT in any real right thereonSCHEME developed on the PROPERTY, he shall, to the extent that he requires the services theservices of an estate agent in regard to such tosuch disposal, do so in soin accordance with this clause;
17.6.2 14.2.2 this clause is inserted for the benefit of the SellerDEVELOPER, who shall be entitled to enforce its enforceits terms by law;
17.6.3 14.2.3 any owner who acquires the Property PROPERTY, and who thereafter wishes to dispose of the PropertyPROPERTY, shall –
a) 14.2.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;DEVELOPER or the ZLR; and
b) 14.2.3.2 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 PROPERTY on the same terms precisely as this clause so that any future owner shall, to the Seller shall always have extent that such owner requires the right to accredit the service of an estate agent when in regard to the Property is sold disposal of the PROPERTY, or otherwise disposed ofa UNIT in any SCHEME to be developed on the PROPERTY, be required to appoint only an estate agent accredited by the DEVELOPER or ZLR.
17.7 14.3 The Purchaser PURCHASER further acknowledges that in the event of the Purchaser 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 PURCHASER (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser PURCHASER (as the case may be) he ), the PURCHASER shall procure that such party shall, to the extent that he such party requires the services of an estate agent in regard to such disposal, comply with complywith the provisions of paragraph 18.5 14.2 of the Conditions of Sale mutatis mutandisCONDITIONS OF SALE which shall apply, mutatismutandis.
17.8 The Purchaser acknowledges that in 14.4 When selling 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 eventPROPERTY, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser PURCHASER shall utilise such documentation (including the standard Sale Agreement), prescribed by the AssociationDEVELOPER.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. 14.5 The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 The Purchaser PURCHASER shall not be entitled to sell or otherwise transfer ownership of the Property PROPERTY, or a UNIT in a SCHEME developed thereon, unless it is a suspensive condition of such sale or other transfer that –
14.5.1 the transferee, in a manner acceptable to the AssociationASSOCIATION, agrees to become a member and is admitted as a member of the Association. In no way detracting from ASSOCIATION;
14.5.2 the generality of the aforesaidtransferee and, it is specifically recorded that the Association shall not give its consent in 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 transferee being an artificial person, its nominee(s), being accepted as a Silver Member of the Local Authority or the Design Review Committee not having given Development ApprovalZimbali Lakes Sports Club.
17.12 In 14.6 Notwithstanding the provisions of clause 11, in the event of a breach of this clause 1814, the Seller DEVELOPER shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property PROPERTY or a UNIT in a SCHEME developed thereon until the provisions of this clause 18 14 are complied with and no party to this Contract of Sale AGREEMENT OF SALE shall have any claim for damages arising out of the Seller’s DEVELOPER’S refusal to give such written suchwritten approval.
17.13 14.7 In order to protect the Seller’s rights DEVELOPER’S, the ZLR’S and the ASSOCIATION’Srights in this regard, the Property PROPERTY shall be transferred to owned by the PurchaserPURCHASER, subject to a condition in the title deeds Title Deeds to the Property PROPERTY or a UNIT in a SCHEME developed thereon to the effect that the PropertyPROPERTY or a UNIT in a SCHEME developed thereon, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller ZLR, the ASSOCIATION or the DEVELOPER first being had and obtained, which consent the Seller ZLR, the ASSOCIATION and the DEVELOPER shall grant as provided for in clause 6 of the AGREEMENT.
14.8 In order to maintain high standards and with a view to ensuring attractive and harmonious development within the RESORT, all owners of immovable property within the RESORT shall be required to adhere to the architectural, landscaping and sustainability controls contained in the RESORT GUIDES and applicable to their particular property as formulated by ZLR and/or the ASSOCIATION. Any dwelling or other structure to be erected on the PROPERTY, or any alteration or extension to any existing dwelling or other structure on the PROPERTY once developed, shall be done strictly in accordancewith the building plans that have been submitted to and approved in writing by the ZLR and the local or any other competent authority and no work whatsoever shall commence until such time as the relevant approval has been obtained.
14.9 The PURCHASER agrees to accept any changes to the provisions of this clause 18 have been complied with.
17.14 All the Seller’s rights and obligations in terms of paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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 14 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;
17.16.3 the Purchaser is responsible for applying to the appropriate authorities for waterCONDITIONS OF SALE, 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.
17.17 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply accreditation of electricity estate agents and payment of agents commission, as may in future be agreed to residents of between the Estate. The Purchaser agrees to make payment to this service provider DEVELOPER and the ASSOCIATION (or such other party as the Association 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 which amendments shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association 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 Dwelling considered binding on the Property commences.
17.20 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 MOIPURCHASER).
17.21 14.10 The Purchaser PURCHASER acknowledges that he it understands the English language Englishlanguage and considers itself fluent therein;.
17.22 14.11 The Purchaser PURCHASER acknowledges that he it has had an opportunity to carefully read and consider the provisions of the Contract this AGREEMENT and that he it has been free to secure independent legal advice in respect of the provisions of same;
17.23 The Purchaser . In addition, the PURCHASER acknowledges that the Seller SELLER undertook that the Seller SELLER or the Conveyancers, CONVEYANCERS would explain any provisions of the Contract AGREEMENT which the Purchaser PURCHASER may not have understood fully and, to the extent that the Purchaser PURCHASER made the Seller aware SELLERaware of any provisions of the Contract this AGREEMENT it did not understand, such provisions were fully explained to the PurchaserPURCHASER.
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
PURCHASER’S ACKNOWLEDGMENTS. 17.1 13.1 The Purchaser PURCHASER acknowledges that he is aware of the intended future development on of the Estate RESORT by the SellerDEVELOPER, which development will consist of upmarket residential dwellings, golf course(s), hotels, commercial properties, private and publicly accessible recreational areas, water body and sports club. Such development It is intended for the development to involve the establishment of high quality residential units on various portions of the Estate so designed as be aesthetically pleasing and to facilitate an aesthetic and have a harmonious style blending which blends with the environment. The Purchaser PURCHASER hereby undertakes that he will, at all times, co-operate with the Seller DEVELOPER in an endeavour to facilitate the success of the developments within the Estatesaid development. Also in this respect, the Purchaser 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 In particular, but without derogating from the generality of the foregoing, the PURCHASER agrees that he will not object to any application made by or on behalf of the SellerDEVELOPER, its nominee or agent for:
17.1.1 for special usage consent, licences for shopping, commercial, filling station rights, rezoning, removal of conditions of title under the Removal of Restrictive Conditions Act or by way of an application to Court or to any rezoning local or change of use or additional use other competent authority in respect of any property within the Estate, whether RESORT. Again in accordance with no way detracting from the Layout Plan or otherwise;
17.1.2 special consent usages;
17.1.3 the amendment or partial amendment of any general plan in respect generality of the property within aforesaid, the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser PURCHASER specifically acknowledges that owners of land surrounding the Property PROPERTY will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the PropertyPROPERTY. The Purchaser PURCHASER agrees he shall have no right to object to the construction of any building or other structure on any land within the land RESORT on the basis that such building or other structure blocks or otherwise interferes with the views from the PropertyPROPERTY, nor will he have any claim for any alleged diminishment diminution in the value of the Property PROPERTY arising out of any interference with the views from the Property PROPERTY by reason of the construction of any such building or other structure.
17.4 13.2 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser PURCHASER acknowledges that:
17.6.1 13.2.1 for reasons of security on the Estate RESORT and due to the nature of the proposed development of the Estate RESORT and the various matters about which any proposed purchaser should become aware when buying into the EstateRESORT, if the Purchaser PURCHASER wishes to dispose of the Property, 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;
17.6.2 13.2.2 this clause is inserted for the benefit of the SellerDEVELOPER, who shall be entitled to enforce its terms by law;
17.6.3 13.2.3 any owner who acquires the Property PROPERTY, and who thereafter wishes to dispose of the PropertyPROPERTY, shall –
a) 13.2.3.1 to extent that he requires the services of an estate agent, do so exclusively through an estate agent accredited by the Seller;DEVELOPER; and
b) 13.2.3.2 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 PROPERTY on the same terms precisely as this clause so that any future owner shall, to the Seller shall always have extent that such owner requires the right to accredit the service of an estate agent when in regard to the Property is sold or otherwise disposed ofdisposal of the PROPERTY, be required to appoint only an estate agent accredited by the DEVELOPER.
17.7 13.3 The Purchaser PURCHASER further acknowledges that in the event of the Purchaser 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 PURCHASER (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest in the Purchaser PURCHASER (as the case may be) he ), the PURCHASER shall procure that such party shall, to the extent that he such party requires the services of an estate agent in regard to such disposal, comply with the provisions of paragraph 18.5 13.2 of the Conditions of Sale CONDITIONS OF SALE which shall apply, mutatis mutandis.
17.8 The Purchaser acknowledges that in 13.4 When selling 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 eventPROPERTY, the Purchaser acknowledges that he shall be responsible for payment of a fee charged by the Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser PURCHASER shall utilise such documentation (including the standard Sale Agreement), prescribed by the AssociationDEVELOPER.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. 13.5 The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 The Purchaser PURCHASER shall not be entitled to sell or otherwise transfer ownership of the Property PROPERTY, unless it is a suspensive condition of such sale or other transfer that –
13.5.1 the transferee, in a manner acceptable to the AssociationASSOCIATION, agrees to become a member and is admitted as a member of the Association. In no way detracting from ASSOCIATION;
13.5.2 the generality of the aforesaidtransferee and, it is specifically recorded that the Association shall not give its consent in 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 transferee being an artificial person, its nominee(s), being accepted as a Silver Member of the Local Authority or the Design Review Committee not having given Development ApprovalZimbali Sports Club.
17.12 In 13.6 Notwithstanding the provisions of clause 10, in the event of a breach of this clause 1813, the Seller DEVELOPER shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property PROPERTY until the provisions of this clause 18 13 are complied with and no party to this Contract of Sale AGREEMENT shall have any claim for damages arising out of the Seller’s DEVELOPER’S refusal to give such written approval.
17.13 13.7 In order to protect the Seller’s DEVELOPER’S, the ZLR’S and the ASSOCIATION’S rights in this regard, the Property PROPERTY shall be transferred to owned by the PurchaserPURCHASER, subject to a condition in the title deeds Title Deeds to the Property PROPERTY to the effect that the PropertyPROPERTY, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller ZLR, the ASSOCIATION or the DEVELOPER first being had and obtained, which consent the Seller ZLR, the ASSOCIATION and the DEVELOPER shall grant as provided the provisions for in clause 5 of this clause 18 have been complied withtheAGREEMENT.
17.14 All 13.8 In order to maintain high standards and with a view to ensuring attractive and harmonious development within the Seller’s rights and obligations in terms RESORT, all owners of paragraph 18 immovable property within the RESORT shall be ceded and assigned required to adhere to the Association when the “Development Period” (as defined architectural, landscaping and sustainability controls contained in the MOI) ends, which cession RESORT GUIDES and assignment applicable to their particular property as formulated by ZLR and/or the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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;
17.16.3 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 ASSOCIATION. Any dwelling or other structures structure to be erected on the PropertyPROPERTY, or any alteration or extension to any existing dwelling or other structure on the Seller PROPERTY once developed, shall be done strictly in accordance with the building plans that have been submitted to and its agents being entirely free from all liability approved in respect of such matters.
17.17 The Purchaser shall not be permitted, nor shall it discharge, noxious effluent into writing by the Local Authority sewerage system ZLR and the local or any other drainage system competent authority and warrants that, in conducting its operations on no work whatsoever shall commence until such time as the Property, relevant approval has been obtained.
13.9 The PURCHASER agrees to accept any changes to the disposal provisions of any effluent from the Property will be in accordance with all the requirements this paragraph 13 of the Local Authority or any other responsible authority.
17.18 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 accessCONDITIONS OF SALE, fixed line telephone communication, intercom operations and terrestrial analogue and digital television signals. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 The Purchaser acknowledges that the Association has entered into an agreement with a service provider in respect of the supply accreditation of electricity estate agents and payment of agents commission, as may in future be agreed to residents of between the Estate. The Purchaser agrees to make payment to this service provider DEVELOPER and the ASSOCIATION (or such other party as the Association 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 which amendments shall be liable to make payment of a once off capital contribution to this service provider (or such other party as the Association 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 Dwelling considered binding on the Property commences.
17.20 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 MOIPURCHASER).
17.21 13.10 The Purchaser PURCHASER acknowledges that he it understands the English language and considers itself fluent therein;.
17.22 13.11 The Purchaser PURCHASER acknowledges that he it has had an opportunity to carefully read and consider the provisions of the Contract this AGREEMENT and that he it has been free to secure independent legal advice in respect of the provisions of same;
17.23 The Purchaser . In addition, the PURCHASER acknowledges that the Seller SELLER undertook that the Seller SELLER or the Conveyancers, CONVEYANCERS would explain any provisions of the Contract AGREEMENT which the Purchaser PURCHASER may not have understood fully and, to the extent that the Purchaser PURCHASER made the Seller SELLER aware of any provisions of the Contract this AGREEMENT it did not understand, such provisions were fully explained to the PurchaserPURCHASER.
Appears in 2 contracts
Samples: Instalment Sale Agreement, Instalment Sale Agreement
PURCHASER’S ACKNOWLEDGMENTS. 17.1 The Purchaser acknowledges that 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:
17.1.1 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;
17.1.2 special consent usages;
17.1.3 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;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land 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 Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
17.4 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 17.5 of the Conditions of Sale mutatis mutandis.
17.8 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller Association as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller Association from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 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 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in 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 Local Authority or the Design Review Committee not having given Development Approval.
17.12 In the event of a breach of this clause 1817, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of this clause 18 17 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.
17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to 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 obtained, which consent the Seller shall grant provided the provisions of this clause 18 17 have been complied with.
17.14 All the Seller’s rights and obligations in terms of paragraph 18 17 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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;
17.16.3 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.
17.17 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 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;
17.23 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 it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 17.1 The Purchaser acknowledges that 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:
17.1.1 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;
17.1.2 special consent usages;
17.1.3 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;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land 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 Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
17.4 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 of the Conditions of Sale mutatis mutandis.
17.8 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 Association Seller as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association Seller shall be in the sole discretion of the AssociationSeller,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 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 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in 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 Local Authority or the Design Review Committee not having given Development Approval.
17.12 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 sale and transfer of the Property until the provisions of this clause 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.
17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to 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 obtained, which consent the Seller shall grant provided the provisions of this clause 18 have been complied with.
17.14 All the Seller’s rights and obligations in terms of paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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;
17.16.3 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.
17.17 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 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;
17.23 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 it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 17.1 7.1 The Purchaser will be bound in relation to the occupancy of the property, and in relation to the use of recreational facilities and the common property, by the Management and Conduct Rules applicable to the Sectional Title Scheme. The Purchaser acknowledges that he is aware has perused the said Rules and has fully acquainted himself with the contents thereof. Any breach by the Purchaser of the intended future development on the Estate by the Seller. Such development is intended Rules prior to involve the establishment registration of high quality residential units on various portions transfer, shall constitute a breach 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 this entire agreement 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:
17.1.1 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;
17.1.2 special consent usages;
17.1.3 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;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which event the Seller may determine be incorporated within avail himself of the developmentprovisions of Clause 11 hereof.
17.2 The Purchaser hereby authorises 7.2 Pending transfer the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land 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 Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
17.4 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property let or to change its use from that currently specified in the Town Planning Scheme without the consent otherwise part with occupation of the SellerSection, except upon the express prior written permission of the Seller and on condition that any such letting and/or parting with occupation shall in no way release the Purchaser from any of the Purchaser’s obligations to the Seller hereunder or in terms of the Rules that may be enforceable from time to time.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 of the Conditions of Sale mutatis mutandis.
17.8 7.3 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 he and the member’s interest, shares or beneficial interest (as the case every person claiming occupation and use through him 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, suffer inconvenience from building operations and from noise and dust resulting therefrom and the Purchaser shall utilise have no claim whatsoever against the Seller or the Body Corporate, by reason of any such documentation (including the standard Sale Agreement), prescribed by the Associationinconvenience.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 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 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. 7.4 In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in 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 Local Authority or the Design Review Committee not having given Development Approval.
17.12 In the event of a breach provision of this clause 18, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of this clause 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.
17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to 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 obtained, which consent the Seller shall grant provided the provisions of this clause 18 have been complied with.
17.14 All the Seller’s rights and obligations in terms of paragraph 18 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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;
17.16.3 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.
17.17 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.
17.18 It is recorded that the Seller design and layout of the Estate may vary as the Estate is developed and the Developer shall in no way be bound to its current plans for the process design and layout of procuring the Estate.
7.5 The Developer shall endeavour to procure the installation of the necessary infrastructure required in order to provide permanent connectivity to the Property for electronic mail internet browsing and broadband internet access, fixed line telephone communication, intercom operations and terrestrial analogue and digital television signals. The Purchaser acknowledges and agrees that he shall be liable to pay email access as well as a fee to connect the Property to the aforesaid system. The aforesaid fee 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 (DSTV signal which shall installation may not be prior to completed until erection of all buildings in the completion of the Dwelling on the Property if this has not already occurred)estate. In addition, the Purchaser shall be obliged, once the aforesaid connection has been made and the system It 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 the Purchaser.
17.19 The Purchaser acknowledges further recorded that the Association has entered shall then enter into an agreement with a service provider the party who shall install and operate the aforesaid infrastructure in respect of the supply rental of electricity to residents such infrastructure. Such infrastructure rental shall be compulsory for all members of the Estate. The Purchaser agrees to make payment to this service provider (or such other party as Association and shall be collected by the Association may contract from time as part of its monthly levy payable 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 service provider (or such other party as the Association 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 Dwelling on the Property commencesit.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 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;
17.23 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 it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 17.1 12.1 The Purchaser PURCHASER acknowledges that he is aware of the intended future development on of the Estate SIBAYA PRECINCT by the Seller. Such SELLER, which development is intended to involve will consist of the establishment of resorts, high quality business and commercial premises and residential units dwellings on various portions of the Estate so designed as SIBAYA PRECINCT. It is intended for the development to facilitate an aesthetic be aesthetically pleasing and to have a harmonious style blending style, which blends with the environmentenvironments. The Purchaser PURCHASER hereby undertakes that he will, at all times, co-operate with the Seller SELLER in an endeavour endeavor to facilitate the success of the developments within the Estatesaid developments. Also in this respect, the Purchaser 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 In particular, but without derogating from the generality of the foregoing, the PURCHASER agrees that he will not object to any application made by or on behalf of the SellerSELLER, its nominee or agent for:
17.1.1 for special usage consent, licenses for shopping, commercial, filling station rights, rezoning, removal of conditions of title under the Removal of Restrictive Conditions Act or by way of an application to Court to any rezoning local or change of use or additional use other competent authority in respect of any property within the Estate, whether SIBAYA PRECINCT. Again in accordance with no way detracting from the Layout Plan or otherwise;
17.1.2 special consent usages;
17.1.3 the amendment or partial amendment of any general plan in respect generality of the property within aforesaid, the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser PURCHASER specifically acknowledges that owners of land surrounding the Property UNIT will be erecting buildings and other structures on the surrounding land land, which may block or otherwise interfere with the views from the PropertyUNIT. The Purchaser PURCHASER agrees he shall have no right to object to the construction of any building or other structure on any land within the land SIBAYA PRECINCT on the basis that such building or other structure blocks or otherwise interferes with the views from the PropertyUNIT, nor will he have any claim for any alleged diminishment diminution in the value of the Property UNIT arising out of any interference with the views from the Property UNIT by reason of the construction of any such building or other structure.
17.4 12.2 The Purchaser PURCHASER acknowledges that no building buildings or other structure may be erected on the Property UNIT 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 Association ASSOCIATION, acting through the DESIGN REVIEW COMMITTEE, and the Local AuthorityLOCAL AUTHORITY. Furthermore, Furthermore the Purchaser PURCHASER agrees that he will have no claim whatsoever arisingwhatsoever, arising out of whatever cause cause, against the AssociationASSOCIATION, any members of the Design Review Committee and DESIGN REVIEW COMMITTEE or the Seller SELLER for any loss suffered by reason the DESIGN REVIEW COMMITTEE refusing to approve or delaying delay the approval of any plans submitted by the Purchaser PURCHASER save where the Purchaser PURCHASER can prove mala fides on the part of the Design Review CommitteeDESIGN REVIEW COMMITTEE.
17.5 12.3 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 of the Conditions of Sale mutatis mutandis.
17.8 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 The Purchaser PURCHASER shall not be entitled to sell or otherwise transfer ownership of the Property UNIT unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the AssociationASSOCIATION, agrees to become a member and is admitted as a member of the Associationsigns Annexure “R” hereto. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association ASSOCIATION shall not give its consent in this regard if, inter alia, any levies, or any other amounts payable to the Association ASSOCIATION by the Purchaser PURCHASER are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation approval certificate not having have been issued by the Local Authority LOCAL AUTHORITY or the Design Review Committee DESIGN REVIEW COMMITTEE not having given Development Approvalthe DEVELOPMENT APPROVAL in respect of the development on the PROPERTY.
17.12 In 12.4 Notwithstanding the provisions of Clause 14, in the event of a breach of this clause 18Clause 12, the Seller ASSOCIATION shall be entitled in its their absolute discretion to refuse its their written approval as required to the sale and transfer of the Property UNIT until the provisions of this clause 18 12 are complied with and no party to this Contract of Sale CONTRACT OF SALE shall have any claim for damages arising out of the Seller’s ASSOCIATION refusal to give such written approval.
17.13 12.5 In order to protect the Seller’s ASSOCIATION’S rights in this regard, the Property UNIT shall be transferred to the Purchaser, PURCHASER subject to a condition in the title deeds Title Deed to the Property UNIT to the effect that the PropertyUNIT, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller ASSOCIATION first being had and having been obtained, which consent the Seller ASSOCIATION shall grant provided the provisions of this clause 18 have been PURCHASER has complied with.
17.14 All the Seller’s rights and with all its obligations in terms of paragraph 18 shall be ceded this CONTRACT, and assigned to the Association when the “Development Period” (as defined in the MOI) endsparticularly, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited detracting from the generality of the aforesaid, has complied with its obligations in terms of this Clause 12.
12.6 The PURCHASER acknowledges that the name “sibaya” along with the associated logos and the like, constitute the sole intellectual property of Afrisun KZN (Pty) Ltd and specifically agrees not to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted in any way, make use of the Property in terms aforesaid intellectual property, without the express written consent of both Afrisun KZN (Pty) Ltd and the zoning thereof under the Town Planning Scheme SELLER.
12.7 The PURCHASER acknowledges he/it understands, and all other matters affecting the development thereof;
17.16.3 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 Propertyconsiders himself/itself fluent in, the Seller and its agents being entirely free from all liability in respect of such matters.English Language
17.17 12.8 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 The Purchaser PURCHASER acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract this CONTRACT OF SALE and that he has been free to secure obtain independent legal advice in respect of the provisions of same;
17.23 regard to these provisions. The Purchaser PURCHASER acknowledges that the Seller SELLER undertook that the Seller SELLER or the Conveyancers, CONVEYANCERS would explain any provisions provision of the Contract CONTRACT OF SALE which the Purchaser PURCHASER may not have fully understood fully and, to the extent that the Purchaser PURCHASER made the Seller SELLER aware of any provisions provision of the Contract this CONTRACT OF SALE it did not understand, such provisions were fully explained to the PurchaserPURCHASER.
Appears in 1 contract
Samples: Agreement of Sale
PURCHASER’S ACKNOWLEDGMENTS. 17.1 The Purchaser acknowledges that 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:
17.1.1 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;
17.1.2 special consent usages;
17.1.3 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;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser specifically acknowledges that owners of land surrounding the Property will be erecting buildings and other structures on the surrounding land which may block or otherwise interfere with the views from the Property. The Purchaser agrees he shall have no right to object to the construction of any building or other structure on the land 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 Property arising out of any interference with the views from the Property by reason of the construction of any such building or other structure.
17.4 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 Association and the Local Authority. Furthermore, the Purchaser agrees that he will have no claim whatsoever arising, out of whatever cause against the Association, any members of the Design 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.
17.5 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 17.5 of the Conditions of Sale mutatis mutandis.
17.8 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller the Association as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller Association from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 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 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a member of the Association. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association shall not give its consent in 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 Local Authority or the Design Review Committee not having given Development Approval.
17.12 In the event of a breach of this clause 1817, the Seller shall be entitled in its absolute discretion to refuse its written approval as required to the sale and transfer of the Property until the provisions of this clause 18 17 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.
17.13 In order to protect the Seller’s rights in this regard, the Property shall be transferred to the Purchaser, subject to 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 obtained, which consent the Seller shall grant provided the provisions of this clause 18 17 have been complied with.
17.14 All the Seller’s rights and obligations in terms of paragraph 18 17 shall be ceded and assigned to the Association when the “Development Period” (as defined in the MOI) ends, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 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;
17.16.3 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.
17.17 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 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;
17.23 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 it did not understand, such provisions were fully explained to the Purchaser.
Appears in 1 contract
Samples: Contract of Sale
PURCHASER’S ACKNOWLEDGMENTS. 17.1 12.1 The Purchaser PURCHASER acknowledges that he is aware of the intended future development on of the Estate SIBAYA PRECINCT by the Seller. Such SELLER, which development is intended to involve will consist of the establishment of resorts, high quality business and commercial premises and residential units dwellings on various portions of the Estate so designed as SIBAYA PRECINCT. It is intended for the development to facilitate an aesthetic be aesthetically pleasing and to have a harmonious style blending style, which blends with the environmentenvironments. The Purchaser PURCHASER hereby undertakes that he will, at all times, co-operate with the Seller SELLER in an endeavour endeavor to facilitate the success of the developments within the Estatesaid developments. Also in this respect, the Purchaser 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 In particular, but without derogating from the generality of the foregoing, the PURCHASER agrees that he will not object to any application made by or on behalf of the SellerSELLER, its nominee or agent for:
17.1.1 for special usage consent, licenses for shopping, commercial, filling station rights, rezoning, removal of conditions of title under the Removal of Restrictive Conditions Act or by way of an application to Court to any rezoning local or change of use or additional use other competent authority in respect of any property within the Estate, whether SIBAYA PRECINCT. Again in accordance with no way detracting from the Layout Plan or otherwise;
17.1.2 special consent usages;
17.1.3 the amendment or partial amendment of any general plan in respect generality of the property within aforesaid, the Estate, whether in accordance with the Layout Plan or otherwise;
17.1.4 removal of restrictive conditions of title;
17.1.5 subdivisional/consolidation applications, whether in accordance with the Layout Plan or otherwise;
17.1.6 the closing of roads within the Estate; and
17.1.7 the incorporation of any additional land which the Seller may determine be incorporated within the development.
17.2 The Purchaser hereby authorises the Seller to motivate and obtain approval of any amendments at any time (before or after Date of Transfer) to the EMP as the Seller in its sole discretion requires and insofar as is necessary the Purchaser hereby irrevocably appoints the Seller as his attorney and agent in rem suam to sign any documents as may be necessary to obtain such amendments.
17.3 The Purchaser PURCHASER specifically acknowledges that owners of land surrounding the Property UNIT will be erecting buildings and other structures on the surrounding land land, which may block or otherwise interfere with the views from the PropertyUNIT. The Purchaser PURCHASER agrees he shall have no right to object to the construction of any building or other structure on any land within the land SIBAYA PRECINCT on the basis that such building or other structure blocks or otherwise interferes with the views from the PropertyUNIT, nor will he have any claim for any alleged diminishment diminution in the value of the Property UNIT arising out of any interference with the views from the Property UNIT by reason of the construction of any such building or other structure.
17.4 12.2 The Purchaser PURCHASER acknowledges that no building buildings or other structure may be erected on the Property UNIT 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 Association ASSOCIATION, acting through the DESIGN REVIEW COMMITTEE, and the Local AuthorityLOCAL AUTHORITY. Furthermore, Furthermore the Purchaser PURCHASER agrees that he will have no claim whatsoever arisingwhatsoever, arising out of whatever cause cause, against the AssociationASSOCIATION, any members of the Design Review Committee and DESIGN REVIEW COMMITTEE or the Seller SELLER for any loss suffered by reason the DESIGN REVIEW COMMITTEE refusing to approve or delaying delay the approval of any plans submitted by the Purchaser PURCHASER save where the Purchaser PURCHASER can prove mala fides on the part of the Design Review CommitteeDESIGN REVIEW COMMITTEE.
17.5 12.3 The Purchaser shall not be entitled to make application to rezone the Property or to change its use from that currently specified in the Town Planning Scheme without the consent of the Seller.
17.6 The Purchaser acknowledges that:
17.6.1 for reasons of security on the Estate and due to the nature of the 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;
17.6.2 this clause is inserted for the benefit of the Seller, who shall be entitled to enforce its terms by law;
17.6.3 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;
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 precisely as this clause so that the Seller shall always have the right to accredit the estate agent when the Property is sold or otherwise disposed of.
17.7 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 18.5 of the Conditions of Sale mutatis mutandis.
17.8 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 Association as a contribution towards, inter alia, the marketing of the Estate. The aforesaid fee charged by the Association shall be in the sole discretion of the Association,, 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 the date of transfer or cession of same (plus Value Added Tax thereon).
17.9 When selling, or letting the Property, the Purchaser shall utilise such documentation (including the standard Sale Agreement), prescribed by the Association.
17.10 It is recorded that the estate agent shall be required to pay a portion of its commission, to the Seller as a contribution towards, inter alia, the marketing of the Estate. The contribution will be an amount determined by the Seller from time to time currently 15% (fifteen percent) (plus Value Added Tax thereon) of the commission payable to such estate agent.
17.11 The Purchaser PURCHASER shall not be entitled to sell or otherwise transfer ownership of the Property UNIT unless it is a suspensive condition of such sale or other transfer that the transferee, in a manner acceptable to the AssociationASSOCIATION, agrees to become a member and is admitted as a member of the Associationsigns Annexure “R” hereto. In no way detracting from the generality of the aforesaid, it is specifically recorded that the Association ASSOCIATION shall not give its consent in this regard if, inter alia, any levies, or any other amounts payable to the Association ASSOCIATION by the Purchaser PURCHASER are outstanding or if there are any outstanding issues in respect of the Property or in the event of the final completion occupation approval certificate not having have been issued by the Local Authority LOCAL AUTHORITY or the Design Review Committee DESIGN REVIEW COMMITTEE not having given Development Approvalthe DEVELOPMENT APPROVAL in respect of the development on the PROPERTY.
17.12 In 12.4 Notwithstanding the provisions of Clause 14, in the event of a breach of this clause 18Clause 12, the Seller ASSOCIATION shall be entitled in its their absolute discretion to refuse its their written approval as required to the sale and transfer of the Property UNIT until the provisions of this clause 18 12 are complied with and no party to this Contract of Sale CONTRACT OF SALE shall have any claim for damages arising out of the Seller’s ASSOCIATION refusal to give such written approval.
17.13 12.5 In order to protect the Seller’s ASSOCIATION’S rights in this regard, the Property UNIT shall be transferred to the Purchaser, PURCHASER subject to a condition in the title deeds Title Deed to the Property UNIT to the effect that the PropertyUNIT, or any portion thereof or interest therein shall not be alienated or otherwise transferred without the prior written consent of the Seller ASSOCIATION first being had and having been obtained, which consent the Seller ASSOCIATION shall grant provided the provisions of this clause 18 have been PURCHASER has complied with.
17.14 All the Seller’s rights and with all its obligations in terms of paragraph 18 shall be ceded this CONTRACT, and assigned to the Association when the “Development Period” (as defined in the MOI) endsparticularly, which cession and assignment the Purchaser agrees to, as far as needs be.
17.15 The Purchaser shall at all times ensure that the Property is kept in a neat and tidy condition from Date of Occupation.
17.16 The Purchaser acknowledges and agrees that: -
17.16.1 it is the Purchaser’s responsibility to investigate all matters effecting the Property;
17.16.2 the Purchaser has inspected the Property and satisfied itself in regard to everything pertaining to the Property including, but in no way limited detracting from the generality of the aforesaid, has complied with its obligations in terms of this Clause 12. SAMPLE
12.6 The PURCHASER acknowledges that the name “Sibaya” along with the associated logos and the like, constitute the sole intellectual property of Afrisun KZN (Pty) Ltd and specifically agrees not to, the extent and locality of the Property as well as the subsoil conditions prevailing upon the Property and the permitted in any way, make use of the Property in terms aforesaid intellectual property, without the express written consent of both Afrisun KZN (Pty) Ltd and the zoning thereof under the Town Planning Scheme SELLER.
12.7 The PURCHASER acknowledges he/it understands, and all other matters affecting the development thereof;
17.16.3 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 Propertyconsiders himself/itself fluent in, the Seller and its agents being entirely free from all liability in respect of such matters.English Language
17.17 12.8 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.
17.18 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. The Purchaser acknowledges and agrees that he shall be liable to pay a fee to connect the Property to the aforesaid system. The aforesaid fee 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 Dwelling on the Property if this has not already occurred). In addition, the Purchaser 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 the Purchaser.
17.19 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 agrees to make payment to this service provider (or such other party as the Association 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 service provider (or such other party as the Association 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 Dwelling on the Property commences.
17.20 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).
17.21 The Purchaser acknowledges that he understands the English language and considers itself fluent therein;
17.22 The Purchaser PURCHASER acknowledges that he has had an opportunity to carefully read and consider the provisions of the Contract this CONTRACT OF SALE and that he has been free to secure obtain independent legal advice in respect of the provisions of same;
17.23 regard to these provisions. The Purchaser PURCHASER acknowledges that the Seller SELLER undertook that the Seller SELLER or the Conveyancers, CONVEYANCERS would explain any provisions provision of the Contract CONTRACT OF SALE which the Purchaser PURCHASER may not have fully understood fully and, to the extent that the Purchaser PURCHASER made the Seller SELLER aware of any provisions provision of the Contract this CONTRACT OF SALE it did not understand, such provisions were fully explained to the PurchaserPURCHASER.
Appears in 1 contract
Samples: Contract of Sale
