SECTIONAL PLAN. 7.1 The Purchaser acknowledges that the extension to the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries will be substantially in accordance with those set out in the annexure’s hereto, and that the undivided share of the common property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of the Act upon approval and registration of the sectional plan. 7.2 The Purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size, location or participation quota of any section or sections or any increases in their number. The Seller undertakes that any alteration will be made only after due consultation with the architect and with the local authority. 7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit is altered, the Purchaser undertakes to accept transfer of the unit as defined and renumbered in the sectional plan approved by the Municipality and the Surveyor-General. 7.4 The Seller undertakes to make every effort to ensure that the units are constructed in accordance with the plans. However, the Purchaser shall be obliged to accept the unit without any variation in the purchase price provided the deviation in the size of the unit when complete is no greater than 5% (five percent) from that reflected in the plans. 7.5 The Purchaser acknowledges that the unit plans and specifications as well as the site development plan are subject to such changes as the architect, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect of such amendments.
Appears in 3 contracts
Samples: Sale Agreement, Agreement of Sale, Sale Agreement
SECTIONAL PLAN. 7.1 9.1 The Purchaser purchaser acknowledges that the extension to the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the unit shall be those shown on the final approved sectional plan. The Seller seller/Developer warrants that, subject to 7.3 9.3 below, the boundaries will be substantially in accordance with those set out in the annexure’s annexure “A” and “B” hereto, and that the undivided share of the common property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of by the Act upon approval and registration of the sectional planSurveyor-General.
7.2 9.2 The Purchaser purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size, size or location or participation quota of any section or sections or any increases in their number. The Seller seller/Developer undertakes that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit is altered, the Purchaser undertakes to accept transfer of the unit as defined and renumbered in the sectional plan approved by the Municipality and the Surveyor-General.
7.4 9.3 The Seller seller/Developer undertakes to make every effort to ensure that the units are constructed in accordance with the plans. However, the Purchaser purchaser shall be obliged to accept the unit without any variation in the purchase price provided the deviation in the size of the unit when complete is no greater than 510 % (five ten percent) from that reflected in the plans.
7.5 9.4 If the boundaries or the area of the section or any other section or building or the participation quotas differ in minor respects from the boundaries or areas or participation quota shown on the site plan or the number of the section being altered or the undivided share in the common property attaching to the section is altered, the purchaser undertakes to accept transfer of the unit as defined and renumbered in the sectional plan approved by the Surveyor-General.
9.5 The Purchaser purchaser acknowledges that the unit plans and specifications as well as the site development plan are subject to such changes as the architect, the developer seller/Developer and the local authority may deem necessary and the Purchaser purchaser shall have no claim against the Seller seller/Developer in respect of such amendments.
Appears in 3 contracts
Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Agreement of Purchase and Sale
SECTIONAL PLAN. 7.1 5.1 The Purchaser acknowledges that the extension to the sectional plan Sectional Plan has not yet been approved and hereby agrees that the exact boundaries of the Section forming a part of the unit Unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries Sectional Plan and will be substantially in accordance with those set out in the annexure’s Annexures hereto, and that the . The undivided share of in the common property apportioned to the section Section shall be in accordance with the participation quota Participation Quota which is ultimately determined in terms of the Act upon approval and registration of the sectional planSectional Plan.
7.2 5.2 The Purchaser acknowledges that the extent of the Unit on the final Sectional Plan will be measured by the Land Surveyor in accordance with the Act and which will show the floor area of the Section to the median line of the boundary walls of the Section. The extent on the plans annexed hereto prepared by the Architect excludes the walls which may result in a variance.
5.3 The Purchaser shall not be entitled to claim cancellation of this agreement Agreement or any reduction in the purchase price by reason of any minor alteration to the number, size, location or participation quota of any section or sections Section, or any increases increase in their number. The Seller undertakes , in comparison to that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan plans annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit is altered, the hereto. The Purchaser undertakes to accept transfer of the unit Unit as may be re-defined and renumbered re-numbered in the sectional plan Sectional Plan approved by the Municipality Surveyor General. For purposes of clarity and good order, a minor alteration in size shall be an increase or decrease in the Surveyor-Generalarea of the Section or Unit not greater than 10% (ten per centum), which must exclude the variance in clause 5.2 above of these SCS.
7.4 5.4 The Purchaser acknowledges that it may be necessary for the Seller undertakes to make every effort to ensure that amend or change the units are constructed in accordance with design and/or layout of all or some of the plansUnits. HoweverIn the event of such changes being material, the Purchaser shall be obliged given 14 (fourteen) day’s notice of such changes within which period he shall have the right to accept resile from this Agreement and the unit without any variation in deposit refunded, along with accrued interest. Should such changes not be material the purchase price provided the deviation in the size of the unit when complete is no greater than 5% (five percent) from that reflected in the plans.
7.5 The Purchaser acknowledges that the unit plans and specifications as well as the site development plan are subject he shall remain bound to such changes as the architect, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect of such amendmentsthis Agreement.
Appears in 1 contract
Samples: Agreement of Sale
SECTIONAL PLAN. 7.1 The Purchaser acknowledges that the extension to the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the unit Unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries will be substantially in accordance with those set out in the annexure’s hereto, and that the undivided share of the common property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of the Act upon approval and registration of the sectional plan.
7.2 The Purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size, location or participation quota of any section or sections or any increases in their number. The Seller undertakes that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit section is altered or the exclusive use area (if applicable) adjoining the unit section is altered, the Purchaser undertakes to accept transfer of the unit Unit as defined and renumbered in the sectional plan approved by the Municipality and the Surveyor-General.
7.4 The Seller undertakes to make every effort to ensure that the units Units are constructed in accordance with the plans. However, the Purchaser shall be obliged to accept the unit Unit without any variation in the purchase price provided the deviation in the size of the unit Unit when complete is no greater than 5% (five percent) from that reflected in the plans.
7.5 The Purchaser acknowledges that the unit Unit plans and specifications as well as the site development plan are subject to such changes as the architect, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect of such amendments.
Appears in 1 contract
Samples: Agreement of Sale
SECTIONAL PLAN. 7.1 The Purchaser acknowledges that the extension to the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the unit Unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries will be substantially in accordance with those set out in the annexure’s hereto, and that the undivided share of the common property Common Property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of the Act upon approval and registration of the sectional plan.
7.2 The Purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size, location or participation quota of any section or sections or any increases in their number. The Seller undertakes that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building Building differ in minor respects (not more than 5% variation) from the areas shown on the building Building lay-out plan annexed hereto or the number of the section being altered or the undivided share in the common property Common Property attaching to the unit section is altered or the exclusive use area (if applicable) adjoining the unit section is altered, the Purchaser undertakes to accept transfer of the unit Unit as defined and renumbered in the sectional plan approved by the Municipality and the Surveyor-General.
7.4 The Seller undertakes to make every effort to ensure that the units Units are constructed in accordance with the plans. However, the Purchaser shall be obliged to accept the unit Unit without any variation in the purchase price provided the deviation in the size of the unit Unit when complete is no greater than 5% (five percent) from that reflected in the plans.
7.5 The Purchaser acknowledges that the unit Unit plans and specifications as well as the site development plan are subject to such changes as the architect, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect of such amendments.
Appears in 1 contract
Samples: Sale Agreement
SECTIONAL PLAN. 7.1 5.1 The Purchaser acknowledges that the extension to the sectional plan Sectional Plan has not yet been approved and hereby agrees that the exact boundaries of the Section forming a part of the unit Unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries Sectional Plan and will be substantially in accordance with those set out in the annexure’s Annexures hereto, and that the . The undivided share of in the common property apportioned to the section Section shall be in accordance with the participation quota Participation Quota which is ultimately determined in terms of the Act upon approval and registration of the sectional planSectional Plan.
7.2 5.2 The Purchaser acknowledges that the extent of the Unit on the final Sectional Plan will be measured by the Land Surveyor in accordance with the Act and which will show the floor area of the Section to the median line of the boundary walls of the Section. The extent on the plans annexed hereto prepared by the Architect excludes the walls which may result in a variance.
5.3 The Purchaser shall not be entitled to claim cancellation of this agreement Agreement or any reduction in the purchase price by reason of any minor alteration to the number, size, location or participation quota of any section or sections Section, or any increases increase in their number. The Seller undertakes , in comparison to that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan plans annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit is altered, the hereto. The Purchaser undertakes to accept transfer of the unit Unit as may be re-defined and renumbered re-numbered in the sectional plan Sectional Plan approved by the Municipality Surveyor General. For purposes of clarity and the Surveyor-General.
7.4 The Seller undertakes to make every effort to ensure that the units are constructed good order, a minor alteration in accordance with the plans. However, the Purchaser size shall be obliged to accept the unit without any variation an increase or decrease in the purchase price provided the deviation in the size area of the unit when complete is no Section or Unit not greater than 5% (five percent) from that reflected per centum), which must exclude the variance in the plansclause 5.2 above of these SCS.
7.5 5.4 The Purchaser acknowledges that it may be necessary for the unit plans and specifications as well as Seller to amend or change the site development plan are subject to design and/or layout of all or some of the Units. In the event of such changes as the architectbeing material, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect be given 14 (fourteen) day’s notice of such amendmentschanges within which period he shall have the right to resile from this Agreement and the deposit refunded, along with accrued interest. Should such changes not be material the Purchaser acknowledges that he shall remain bound to this Agreement.
Appears in 1 contract
Samples: Agreement of Sale
SECTIONAL PLAN. 7.1 8.1 The Purchaser acknowledges that the extension to the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the unit shall be those shown on the final approved sectional plan. The Seller seller warrants that, subject to 7.3 below, that the boundaries will be substantially in accordance with those set out in the annexure’s annexures hereto, and that the undivided share of the common property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of by the Act upon approval and registration of the sectional planSurveyor-General.
7.2 8.2 The Purchaser purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size, size or location or participation quota of any section or sections sections, any alteration to the extent and boundaries of the exclusive use area(s) (provided that there shall not be a deviation of more than 10% to the extent of such exclusive use area) or any increases in their number. .
8.3 The Seller seller undertakes to make every effort to ensure that any alteration will be made only after due consultation the units are constructed in accordance with the architect and with the local authorityplans.
7.3 8.4 If the boundaries or the area of the section or any other section or building or the participation quotas differ in minor respects (not more than 5% variation) from the boundaries or areas or participation quota shown on the building lay-out site plan annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit section is altered, the Purchaser purchaser undertakes to accept transfer of the unit as defined and renumbered in the sectional plan approved by the Municipality local authority and the Surveyor-General.
7.4 8.5 The Seller undertakes to make every effort to ensure that the units are constructed in accordance with the plans. However, the Purchaser shall be obliged to accept the unit without any variation in the purchase price provided the deviation in the size of the unit when complete is no greater than 5% (five percent) from that reflected in the plans.
7.5 The Purchaser purchaser acknowledges that the unit plans and specifications as well as the site development plan are subject to such changes as the architect, the developer seller and the local authority may deem necessary and the Purchaser purchaser shall have no claim against the Seller seller in respect of such amendments.
8.6 The parties record that it is not possible for the seller to pass transfer of the unit to the purchaser until such time as the scheme is approved and the sectional title register is opened in terms of the Act. Consequently, the seller undertakes, within a reasonable time and at its own expense, to take such steps as may be reasonably necessary to obtain the required approval of the scheme, the approval of the sectional plans and the opening of the sectional title register.
Appears in 1 contract
Samples: Agreement of Sale
SECTIONAL PLAN. 7.1 5.1 The Purchaser acknowledges that the extension to the sectional plan Sectional Plan has not yet been approved and hereby agrees that the exact boundaries of the Section forming a part of the unit Unit shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 7.3 below, the boundaries Sectional Plan and will be substantially in accordance with those set out in the annexure’s Annexures hereto, and that the . The undivided share of the common property apportioned to the section Section shall be in accordance with the participation quota Participation Quota which is ultimately determined in terms of the Act upon approval and registration of the sectional planSectional Plan.
7.2 5.2 The Purchaser acknowledges that the extent of the Unit on the final Sectional Plan will be measured by the Land Surveyor in accordance with the Act and which will show the floor area of the Section to the median line of the boundary walls of the Section. The extent on the plans annexed hereto prepared by the Architect excludes the walls, which may result in a variance.
5.3 The Purchaser shall not be entitled to claim cancellation of this agreement Agreement or any reduction in the purchase price by reason of any minor alteration to the number, size, location or participation quota of any section or sections Section, or any increases increase in their number. The Seller undertakes , in comparison to that any alteration will be made only after due consultation with the architect and with the local authority.
7.3 If the area of the section or any other section or building differ in minor respects (not more than 5% variation) from the areas shown on the building lay-out plan plans annexed hereto or the number of the section being altered or the undivided share in the common property attaching to the unit is altered or the exclusive use area (if applicable) adjoining the unit is altered, the hereto. The Purchaser undertakes to accept transfer of the unit Unit as may be re-defined and renumbered re-numbered in the sectional plan Sectional Plan approved by the Municipality Surveyor General. For purposes of clarity and good order, a minor alteration in size shall be an increase or decrease in the Surveyor-Generalarea of the Section or Unit not greater than 10% (ten per centum), which must exclude the variance in clause 5.2 above of these SCS.
7.4 5.4 The Purchaser acknowledges that it may be necessary for the Seller undertakes to make every effort to ensure that amend or change the units are constructed in accordance with design and/or layout of all or some of the plansUnits. HoweverIn the event of such changes being material, the Purchaser shall be obliged given 14 (fourteen) day’s notice of such changes within which period he shall have the right to accept resile from this Agreement and the unit without any variation in deposit refunded, along with accrued interest. Should such changes not be material the purchase price provided the deviation in the size of the unit when complete is no greater than 5% (five percent) from that reflected in the plans.
7.5 The Purchaser acknowledges that the unit plans and specifications as well as the site development plan are subject he shall remain bound to such changes as the architect, the developer and the local authority may deem necessary and the Purchaser shall have no claim against the Seller in respect of such amendmentsthis Agreement.
Appears in 1 contract
Samples: Agreement of Sale