REFUND TO THE PURCHASER. 26.1 The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 should this Agreement: 26.1.1 Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or 26.1.2 Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or 26.1.3 Be cancelled due to the breach of this Agreement by the Seller; or 26.1.4 Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or 26.1.5 Be cancelled due to a deviation of more than 8% on the initial extent of the property; or 26.1.6 Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-six) months from date of signature of this agreement. 26.2 The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause. 26.3 The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee. 26.4 The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 7 contracts
Samples: Agreement of Sale, Agreement of Sale, Agreement of Sale
REFUND TO THE PURCHASER. 26.1 The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 should this Agreement:
26.1.1 : Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or
26.1.2 or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or
26.1.3 or Be cancelled due to the breach of this Agreement by the Seller; or
26.1.4 or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or
26.1.5 or d Be cancelled due to a deviation of more than 8% on the initial extent of the property; or
26.1.6 or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-six) months from date of signature of this agreement.
26.2 . The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause.
26.3 . The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee.
26.4 . The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 1 contract
Samples: Sale Agreement
REFUND TO THE PURCHASER. 26.1 The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 4 should this Agreement:
26.1.1 : Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or
26.1.2 or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or
26.1.3 or Be cancelled due to the breach of this Agreement by the Seller; or
26.1.4 or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or
26.1.5 or Be cancelled due to a deviation of more than 8% on the initial extent of the property; or
26.1.6 or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-six) months from date of signature of this agreement.
26.2 . The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause.
26.3 . The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee.
26.4 . The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 1 contract
Samples: Agreement of Sale
REFUND TO THE PURCHASER. 26.1 The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 should this Agreement:
26.1.1 Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or
26.1.2 Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or
26.1.3 Be cancelled due to the breach of this Agreement by the Seller; or
26.1.4 Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or
26.1.5 Be cancelled due to a deviation of more than 8% on the initial extent of the property; or
26.1.6 Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-six) months from date of signature of this agreement.
26.2 The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause.
26.3 The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee.
26.4 26.3 The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 1 contract
Samples: Sale Agreement
REFUND TO THE PURCHASER. 26.1 The Purchaser shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 should this Agreement:
26.1.1 : Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 8% or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or
26.1.2 or Terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or
26.1.3 or Be cancelled due to the breach of this Agreement by the Seller; or
26.1.4 or Be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or
26.1.5 or Be cancelled due to a deviation of more than 8% on the initial extent of the property; or
26.1.6 or Be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-six) months from date of signature of this agreement.
26.2 . The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause.
26.3 . The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee.
26.4 . The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 1 contract
Samples: Agreement of Sale
REFUND TO THE PURCHASER. 26.1
22.1 The Purchaser PURCHASER shall be entitled to a refund of all amounts paid in lieu of the Reservation Deposit and the balance of the purchase price as contemplated in clause 7 Clause 5 should this Agreement:
26.1.1 22.1.1 Lapse as contemplated in this agreement due to a deviation in the initial extent of the property of more than 85% (five percent) or if the suspensive conditions as stipulated in this agreement (specifically the obtaining of a mortgage bond, if applicable) are not met; or
26.1.2 Terminate 22.1.2 terminate as contemplated in this agreement if the property is not sufficiently completed by the extended Anticipated Occupation date; or
26.1.3 Be 22.1.3 be cancelled due to the breach of this Agreement by the Seller; or
26.1.4 Be 22.1.4 be cancelled due to an unresolved dispute arising between the parties regarding the variations of specifications of the property; or
26.1.5 Be 22.1.5 be cancelled due to a deviation of more than 85% (five percent) on the initial extent of the property; or
26.1.6 Be 22.1.6 be cancelled due to the failure of the Seller to transfer the property to the Purchaser within 36 (thirty-thirty- six) months from date of signature of this agreement.
26.2 The Agent shall refund to the Purchaser’s nominated bank account that portion of the commission paid by the Transferring Attorney to the Agent as commission as contemplated in the Agent Commission clause.
26.3 22.2 The Transferring Attorney shall refund to the Purchaser’s nominated bank account such amounts as remain in trust with the Transferring Attorney after deduction of a portion of the interest accrued liable to the Legal Practitioners’ Fidelity Fund in terms of Section 86(5)(b) of the Legal Practice Act and the attorney’s investment fee.
26.4 22.3 The Purchaser shall have no recourse against the Seller and/or the Transferring Attorney for the reimbursement of any monies paid over by the Transferring Attorney to the Agent in terms of his commission.
Appears in 1 contract
Samples: Sale Agreement