SUSPENSIVE CONDITIONS. This Agreement is subject to the following condition(s): 13.1 The Purchaser/s (through the Seller’s nominated mortgage originator on behalf of the Purchaser/s) obtains final approval, within 15 working days from date of Seller’s signature (which period may be extended by the Seller) hereof of a mortgage loan, of not less than: R , ( RAND), to be registered over the Property at such rate of interest and on such conditions as are stipulated by the Institution to which application for the loan is made. 13.2 This suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan. 13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting the Seller power to apply for a mortgage bond on behalf of the Purchaser/s for the loan contemplated herein. The Purchaser/s hereby undertakes to timeously do all such things and to sign all such documents as may be necessary and/or requisite in order to apply for and procure the approval of the said loan from a bank, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by the Seller shall contact the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed by the Seller to procure the mortgage finance required herein. 13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapse.
Appears in 3 contracts
Samples: Agreement of Sale, Agreement of Sale, Sale Agreement
SUSPENSIVE CONDITIONS. This Agreement 20.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 8 of the Purchaser/s) obtains final approvalSCHEDULE, forming part of the purchase price payable by the Purchaser to the Seller for the property, from a bank or other financial institution, against the security of a first mortgage bond over the property in favour of such bank or financial institution, such loan to be approved in writing by such bank or financial institution within 15 working days from the period stipulated in clause 10 of the SCHEDULE.
20.2 In the event that the aforesaid loan cannot be raised within the said period, the date of Seller’s signature (which period may shall automatically be extended by for an indefinite period in the Seller) hereof sole discretion of a the Seller until such time as the mortgage loan, bond is approved or until such time as the Seller gives the Purchaser notice of not less than: R , ( RAND), to be registered over the Property at such rate cancellation of interest and on such conditions as are stipulated by the Institution to which application for the loan is madethis agreement.
13.2 This 20.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 10 of the SCHEDULE contemplated for fulfillment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 8 of the SCHEDULE. If no amount is reflected in clause 8 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
20.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavors in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
20.5 Failing fulfilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising herefrom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf account of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapsepurchase price.
Appears in 2 contracts
Samples: Agreement of Sale, Agreement of Sale
SUSPENSIVE CONDITIONS. This Agreement is subject to The Purchaser requires a loan in the following condition(s):
13.1 The Purchaser/s (through the Seller’s nominated mortgage originator on behalf sum of the Purchaser/sloan amount (or such lesser amount) obtains final approvalas the Purchaser may accept. In this regard: -
17.1 The Purchaser undertakes to only make use of the Bond Originator to apply on the Purchaser`s behalf to one or all of the major banks for the required loan, on securing of a first mortgage over the unit. The Purchaser will, within 15 working 7 (seven) days from date after signing of Seller’s signature (which period may be extended this agreement by the Seller) hereof of a mortgage loanpurchaser, of not less than: R , ( RAND), supply the Bond Originator with all relevant details pertaining to be registered over his personal and financial particulars as the Property at such rate of interest and on such conditions as are stipulated by the Institution to which application for Bond Originator may reasonably require in order assessing the loan is madeapplication.
13.2 17.2 This suspensive contract is conditional on the Purchaser being successful in such loan application, within a period of (30) Thirty days of date hereof.
17.3 This condition shall will be deemed to have been fulfilled even complied with on the Purchaser receiving timeously from a bank a written quotation and schedule of conditions, describing the actual cost and terms of the loan, all as envisaged in the National Credit Act, 34 of 2005, as amended;
17.4 If It is such a condition of loan is approved subject to that the Purchaser's Purchasers spouse interposing them self sign as surety for and co-co- principal debtor in solidum with for the said bank loan, on the bank's standard surety form the Purchaser warrants that such signature will be forthcoming on request.
17.5 If the Purchaser use another Bond Originator, the possibility is that the Bank may refer the register of the Bond to another conveyancer, and not the seller’s conveyancer, in which instance the Purchaser will be liable for the fulfillment of all other conveyancer`s costs to register the Purchaser's obligations under bond. In any event if the loan.
13.3 This Agreement shall operate irrevocably Bond registration is done by another Conveyancer and in rem suam as a power of attorney in favour of not the Seller granting Seller`s Conveyancer, the Seller power to apply for a mortgage bond on behalf of the Purchaser/s Purchaser will be liable for the loan contemplated herein. The Purchaser/s hereby undertakes other conveyancer`s costs to timeously do all such things and to sign all such documents as may be necessary and/or requisite in order to apply for and procure register the approval of the said loan from a bank, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by the Seller shall contact the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed by the Seller to procure the mortgage finance required hereinbond.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapse.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale
SUSPENSIVE CONDITIONS. This Agreement 36.1 The Seller intends not to proceed with the Development unless the Seller has concluded the number of binding sale agreements with purchasers of units as required by the Funding Bank. Binding sale agreements will mean that all suspensive conditions in the agreements have been fulfilled and that all deposits have been paid.
36.2 Accordingly, and notwithstanding anything to the contrary contained herein, this agreement is subject to and conditional upon the following condition(s):Seller notifying the Purchaser in writing by 31st December 2019, or by such extended date, not exceeding a further three (3) months, as the Seller in its sole discretion may determine, that it has achieved the required number of sales and will proceed with the Development. The decision of the Seller in this regard will be final and binding upon the Purchaser, regardless of the number of sales which may or may not have been achieved. Initial
13.1 36.3 The Purchaser/s (through Purchaser acknowledges that the Seller shall not be obliged to proceed with the Development if it has not achieved the number sales of units required by the Funding Bank. The Seller shall also be entitled to waive the requirement in clause 36.1 and proceed with the Development notwithstanding that it has not achieved the number of sales of units required by Funding Bank. The Purchaser shall be bound by whatever decision is taken by the Seller’s nominated mortgage originator .
36.4 Should the Seller decide not to proceed with the Development, the Seller notify the Purchaser in writing that it is not proceeding with the Development and that accordingly this suspensive condition has not been fulfilled. This agreement thereupon shall become null and void and of no further force or effect, save that the Conveyancers shall refund to the Purchaser all monies paid to the Conveyancers together with accrued interest thereon less the deductions referred to in clause 5.3 and less an administration fee of R700,00 (Seven Hundred Rand) plus Vat to cover the costs incurred by the Conveyancers in opening a file and opening and closing the Savings Account on behalf of the Purchaser/s) obtains final approval, within 15 working days from date of Seller’s signature (which period may be extended by the Seller) hereof of a mortgage loan, of not less than: R , ( RAND), to be registered over the Property at such rate of interest and on such conditions as are stipulated by the Institution to which application for the loan is made.
13.2 This suspensive condition . Such amounts shall be deemed to have been fulfilled even is such loan is approved subject to refunded into the Purchaser's spouse interposing them self as surety for and co-principal debtor ’s Bank Account recorded in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour N of the Seller granting Schedule. Thereafter neither party shall have any claim against the Seller power to apply for a mortgage bond on behalf of the Purchaser/s for the loan contemplated herein. The Purchaser/s hereby undertakes to timeously do all such things and to sign all such documents as may be necessary and/or requisite in order to apply for and procure the approval of the said loan from a bank, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by the Seller shall contact the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed by the Seller to procure the mortgage finance required hereinother.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapse.
Appears in 1 contract
Samples: Sale Agreement
SUSPENSIVE CONDITIONS. This Agreement 18.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 7 of the Purchaser/s) obtains final approvalSCHEDULE, within 15 working days from date forming part of Seller’s signature (which period may be extended the Purchase price payable by the Seller) hereof Purchaser to the Seller for the Property, from a bank or other financial institution, against the security of a first mortgage loan, of not less than: R , ( RAND), to be registered bond over the Property at in favour of such rate bank or financial institution, such loan to be approved in writing by such bank or financial institution within the period stipulated in clause 9 of interest and on such conditions as are stipulated by the Institution to which application for the loan is madeSCHEDULE.
13.2 This 18.2 In the event that the aforesaid loan cannot be raised within the said period, the date shall automatically be extended for an indefinite period in the sole discretion of the Seller until such time as the mortgage bond is approved or until such time as the Seller gives the Purchaser notice of cancellation of this agreement.
18.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 9 of the SCHEDULE contemplated for fulfillment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 7 of the SCHEDULE. If no amount is reflected in clause 7 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
18.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavors in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
18.5 Failing fulfilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising herefrom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance account of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapseprice.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This Agreement 25.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 7 of the Purchaser/s) obtains final approvalSCHEDULE, forming part of the purchase price payable by the Purchaser to the Seller for the property, from a bank or other financial institution, against the security of a first mortgage bond over the property in favour of such bank or financial institution, such loan to be approved in writing by such bank or financial institution within 15 working days from the period stipulated in clause 9 of the SCHEDULE.
25.2 In the event that the aforesaid loan cannot be raised within the said period, the date of Seller’s signature (which period may shall automatically be extended by for an indefinite period in the Seller) hereof sole discretion of a the Seller until such time as the mortgage loan, bond is approved or until such time as the Seller gives the Purchaser notice of not less than: R , ( RAND), to be registered over the Property at such rate cancellation of interest and on such conditions as are stipulated by the Institution to which application for the loan is madethis agreement.
13.2 This 25.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 9 of the SCHEDULE contemplated for fulfilment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 7 of the SCHEDULE. If no amount is reflected in clause 7 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
25.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavours in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
25.5 Failing fulfilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising herefrom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf account of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapsepurchase price.
Appears in 1 contract
Samples: Basic Contract
SUSPENSIVE CONDITIONS. This Agreement (other than clauses 1, 2, 3 this clause 4, and 18 to 21 (both inclusive) (collectively, the “Effective Provisions”), by which Effective Provisions the Parties shall be bound with effect from the Signature Date) is subject to fulfilment of the following condition(s):
13.1 The Purchasersuspensive conditions on or before10 Business Days after the Signature Date receipt by ATIS of a certified copy of a municipal council resolution of the Borrower, signed by the Municipal Manager and/or such other authorised representative/s (through the Seller’s nominated mortgage originator on behalf of the Purchaser/s) obtains final approvalBorrower: approving the terms of this Agreement, within 15 working days from date of Seller’s signature (which period may Agreement must be extended initialled by the Seller) hereof Municipal Manager and/or such other authorised representative/s of the relevant municipal council of the Borrower, with specific mention of the Capital Sum; confirming authority of any specified person or persons to negotiate, conclude this Agreement and sign and/or despatch all documents and notices to be signed and/or despatched by the Borrower in terms of this Agreement; receipt by ATIS of a mortgage loancertified copy of the annual audited financial statements of the Borrower for the financial years ended on the last day of June 2006 and June 2007; receipt by ATIS of a legal opinion from the attorneys of the Borrower to the effect that, inter alia, the Borrower will not contravene the provisions of not less thanthe Local Government: R , ( RAND), to be registered over Municipal Finance Management Act No. 56 of 2003 (“MFMA”) or any other applicable laws by executing and implementing this Agreement; the Property at Borrower obtains such rate of interest and on such conditions approvals as are stipulated by the Institution to which application for the loan is made.
13.2 This suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor required in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour terms of the Seller granting the Seller power to apply for a mortgage bond on behalf of the Purchaser/s for the loan contemplated herein. The Purchaser/s hereby undertakes to timeously do all such things and to sign all such documents MFMA and/or any other regulatory approvals as may be necessary and/or requisite in order to apply terms of any other applicable law for and procure the approval implementation of the said loan from a bank, building society or transactions which are the financial institution and to furnish written proof to the Seller subject matter of the granting or refusal thereofthis Agreement. A mortgage originator, appointed by the Seller Each party shall contact the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed by the Seller reasonable endeavours to procure the mortgage finance required herein.
13.4 In fulfilment of the event Suspensive Conditions. If the Suspensive Conditions set out above are not fulfilled or waived within the period specified in clause 4.1 or, by any extended date for fulfilment thereof as may be agreed to in writing by ATIS and the Borrower, the Provisions of this Agreement shall not come into force and effect other than those contained in the Effective Provisions which are binding from the Signature Date and ATIS and the Borrower shall be restored as near as may be reasonably possible, to the position in which they would have been had this Agreement not been entered into. No Party shall have any claim against the other as a result of the failure of the Agreement coming into effect. The Parties acknowledge that the mortgage originator has exhausted all means Suspensive conditions set out above have been incorporated in this Agreement for the benefit of obtaining the applicable final bond on behalf ATIS and may be waived by ATIS in its sole discretion and subject to such conditions as it may stipulate. The fulfilment or waiver of the Purchaser/s, Suspensive Conditions set out above shall be evidenced by way of a written communication by ATIS to the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee borrower advising that same are considered fulfilled or the cash balance of requirement for the Purchase Price to the Conveyancer, failing which the offer shall automatically lapsefulfilment thereof or part thereof is waived.
Appears in 1 contract
Samples: Loan Agreement
SUSPENSIVE CONDITIONS. This Agreement 20.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 7 of the Purchaser/s) obtains final approvalSCHEDULE, forming part of the purchase price payable by the Purchaser to the Seller for the property, from a bank or other financial institution, against the security of a first mortgage bond over the property in favour of such bank or financial institution, such loan to be approved in writing by such bank or financial institution within 15 working days from the period stipulated in clause 9 of the SCHEDULE.
20.2 In the event that the aforesaid loan cannot be raised within the said period, the date of Seller’s signature (which period may shall automatically be extended by for an indefinite period in the Seller) hereof sole discretion of a the Seller until such time as the mortgage loan, bond is approved or until such time as the Seller gives the Purchaser notice of not less than: R , ( RAND), to be registered over the Property at such rate cancellation of interest and on such conditions as are stipulated by the Institution to which application for the loan is madethis agreement.
13.2 This 20.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 9 of the SCHEDULE contemplated for fulfillment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 7 of the SCHEDULE. If no amount is reflected in clause 7 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
20.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavors in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
20.5 Failing fulfilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising herefrom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf account of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapsepurchase price.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This Agreement 18.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 7 of the Purchaser/s) obtains final approvalSCHEDULE, within 15 working days from date forming part of Seller’s signature (which period may be extended the Purchase price payable by the Seller) hereof Purchaser to the Seller for the Property, f rom a bank or other f inancial institution, against the security of a f irst mortgage loan, of not less than: R , ( RAND), to be registered bond over the Property at in favour of such rate bank or f inancial institution, such loan to be approved in writing by such bank or f inancial institution within the period stipulated in clause 9 of interest and on such conditions as are stipulated by the Institution to which application for the loan is madeSCHEDULE.
13.2 This 18.2 In the event that the aforesaid loan cannot be raised within the said period, the date shall automatically be extended for an indefinite period in the sole discretion of the Seller until such time as the mortgage bond is approved or until such time as the Seller gives the Purchaser notice of canc ellation of this agreement.
18.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 9 of the SCHEDULE contemplated for fulf ilment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 7 of the SCHEDULE. If no amount is reflected in clause 7 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
18.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavours in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
18.5 Failing fulf ilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising here f rom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance account of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapseprice.
Appears in 1 contract
Samples: Agreement of Sale
SUSPENSIVE CONDITIONS. This Agreement is subject to The Purchaser requires a loan in the following condition(s):
13.1 The Purchaser/s (through the Seller’s nominated mortgage originator on behalf sum of the Purchaser/sloan amount (or such lesser amount) obtains final approvalas the Purchaser may accept. In this regard: -
17.1 The Purchaser undertakes to only make use of the Bond Originator to apply on the Purchaser`s behalf to one or all of the major banks for the required loan, on securing of a first mortgage over the unit. The Purchaser will, within 15 working 7 (seven) days from date after signing of Seller’s signature (which period may be extended this agreement by the Seller) hereof of a mortgage loanpurchaser, of not less than: R , ( RAND), supply the Bond Originator with all relevant details pertaining to be registered over his personal and financial particulars as the Property at such rate of interest and on such conditions as are stipulated by the Institution to which application for Bond Originator may reasonably require in order assessing the loan is madeapplication.
13.2 17.2 This suspensive contract is conditional on the Purchaser being successful in such loan application, within a period of (30) Thirty days of date hereof.
17.3 This condition shall will be deemed to have been fulfilled even complied with on the Purchaser receiving timeously from a bank a written quotation and schedule of conditions, describing the actual cost and terms of the loan, all as envisaged in the National Credit Act, 34 of 2005, as amended;
17.4 If It is such a condition of loan is approved subject to that the Purchaser's Purchasers spouse interposing them self sign as surety for and co-co- principal debtor in solidum with for the said bank loan, on the bank's standard surety form the Purchaser warrants that such signature will be forthcoming on request.
17.5 If the Purchaser use another Bond Originator, the possibility is that the Bank may refer the register of the Bond to another conveyancer, and not the seller's conveyancer, in which instance the Purchaser will be liable for the fulfillment of all other conveyancer`s costs to register the Purchaser's obligations under bond. In any event if the loan.
13.3 This Agreement shall operate irrevocably Bond registration is done by another Conveyancer and in rem suam as a power of attorney in favour of not the Seller granting Seller`s Conveyancer, the Seller power to apply for a mortgage bond on behalf of the Purchaser/s Purchaser will be liable for the loan contemplated herein. The Purchaser/s hereby undertakes other conveyancer`s costs to timeously do all such things and to sign all such documents as may be necessary and/or requisite in order to apply for and procure register the approval of the said loan from a bank, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by the Seller shall contact the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed by the Seller to procure the mortgage finance required hereinbond.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapse.
Appears in 1 contract
Samples: Agreement of Purchase and Sale
SUSPENSIVE CONDITIONS. This Agreement 20.1 If clause 7.1.1 of Schedule A is completed, then this sale is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser is granted a loan for such amount by a South African Bank or other credit provider, registered as such in terms of the Purchaser/s) obtains final approvalNational Credit Act, within 15 working days from date Act 34 of Seller’s signature (which period may be extended by 2005, the Seller) hereof of a mortgage loan, of not less than: R , ( RAND), to be registered over the Property at such rate of interest and on such conditions as are stipulated by the Institution to which application for the loan is made‘NCA’.
13.2 This suspensive 20.2 The said condition shall be will deemed to have been fulfilled even is such loan is approved subject on the issue to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser by a registered credit provider of a written quotation for the fulfillment capital amount required as per clause 7.1.1 of all Schedule A and a summary as contemplated in section 92 of the NCA, within 45 (forty five) days of signature hereof by the Seller (or within such extended period as the Seller in its sole discretion may determine), whether or not such quotation or summary is accepted by the Purchaser's obligations under the loan.
13.3 20.3 This Agreement agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting the Seller power of attorney to apply for a mortgage bond on behalf of the Purchaser/s Purchaser for the loan contemplated herein. in clause 7.1.1 of Schedule A at the preferred financial institution mentioned in clause 7.1.2 of Schedule A, but not limited to such financial institution.
20.4 The Purchaser/s Purchaser hereby undertakes to timeously do all such things and to sign all such documents as may be necessary and/or requisite in order to apply for and procure the approval of the said loan from a bank, building society or the financial institution or other credit provider and to furnish written proof to the Seller of the granting or refusal thereof. A Any mortgage bond originator, appointed by the Seller Seller, shall contact the Purchaser/s Purchaser to obtain the necessary information required for the loan application and to this end, the Purchaser/s Purchaser irrevocably agrees to use the mortgage xxxx originator or any other mortgage bond originator appointed nominated by the Seller to procure the mortgage finance required hereinfinance.
13.4 In 20.5 If, for any reason whatsoever, the event that provisions of clause 20.1 are not met, this agreement will be null and void ab initio and none of the mortgage originator has exhausted all means parties will have any claims whatsoever against another. This condition is inserted for the sole benefit of obtaining the applicable final bond on behalf Purchaser and may be waived by him at any time within the period referred to in clause 20.2. Such waiver must be delivered in writing to the Seller within the said period.
20.6 If clause 7.2.1 of Schedule A is answered in the affirmative, then this sale is (also) subject to the suspensive condition to the sale of the Purchaser/s’s property that is located as per clause
7.2.1 of Schedule A and at a price that is acceptable to the Purchaser, before or on the date mentioned in clause 7.2.2 of Schedule A. The Seller, however, has the right to extend the said period as the Seller in its sole discretion may determine.
20.7 If, for any reason whatsoever, the Purchaser/s provisions of clause 20.6 are not met, this agreement will (also) be null and void ab initio and none of the parties will have 7 working days from any claims whatsoever against another. This condition is also inserted for the sole benefit of the Purchaser and may be waived by him at any time until the date referred to in clause 20.2.2 of Schedule A. Such waiver must be delivered in writing to the Seller within the said period.
20.8 Registration of conveyance of the Purchaser’s property must take place on or before the date of being notified completion.
20.9.1 The Seller may, before any of the said suspensive conditions have been met, receive another offer from a third party (the 'offer'), which offer may not be subject to any outstanding suspensive conditions and must be acceptable to the Seller. Before the Seller may accept said offer, the provisions of clauses 20.9.2 to 20.9.4 must be complied with.
20.9.2 The Purchaser will either comply with all outstanding suspensive conditions or waive the conditions within 5 (five) days after he has received a copy of said offer (both days excluded). Such waiver must be delivered in writing of such failure, to provide the Seller within the said period.
20.9.3 If the Purchaser waives any suspensive conditions in accordance with clause 20.9.2 the Purchaser must deliver a guarantee to and to the satisfaction of the conveyancers for the payment of the full purchase price if no deposits were paid or for the cash balance of the Purchase Price to purchase price if a deposit(s) was paid, within a further period of 5 (five) days (both days excluded).
20.9.4 If the ConveyancerPurchaser does not comply with all outstanding suspensive conditions on time or does not deliver the guarantee in accordance with clause 20.9.3 on time, failing which this agreement will also be null and void ab initio and none of the offer shall automatically lapseparties will have any claim whatsoever against the other.
Appears in 1 contract
Samples: Sale Agreement
SUSPENSIVE CONDITIONS. This Agreement 19.1 The Contract is subject to the following condition(s):
13.1 The Purchaser/s (through suspensive condition that the Seller’s nominated mortgage originator on behalf Purchaser obtains a loan in the amount reflected in clause 7 of the Purchaser/s) obtains final approvalSCHEDULE, within 15 working days from date forming part of Seller’s signature (which period may be extended the Purchase price payable by the Seller) hereof Purchaser to the Seller for the Property, from a bank or other financial institution, against the security of a first mortgage loan, of not less than: R , ( RAND), to be registered bond over the Property at in favour of such rate bank or financial institution, such loan to be approved in writing by such bank or financial institution within the period stipulated in clause 9 of interest and on such conditions as are stipulated by the Institution to which application for the loan is madeSCHEDULE.
13.2 This 19.2 In the event that the aforesaid loan cannot be raised within the said period, the date shall automatically be extended for an indefinite period in the sole discretion of the Seller until such time as the mortgage bond is approved or until such time as the Seller gives the Purchaser notice of cancellation of this agreement.
19.3 The suspensive condition shall be deemed to have been fulfilled even is such loan is approved subject to the Purchaser's spouse interposing them self as surety for and co-principal debtor in solidum with the Purchaser for the fulfillment of all the Purchaser's obligations under the loan.
13.3 This Agreement shall operate irrevocably and in rem suam as a power of attorney in favour of the Seller granting Purchaser, but the Purchaser may only waive such condition by notice to the Seller power delivered to apply for a mortgage bond on behalf the latter prior to expiry of the Purchaser/s period stipulated in clause 9 of the SCHEDULE contemplated for fulfillment of such condition. In the loan contemplated hereinevent of such waiver this Contract shall be treated as if no amount is mentioned in clause 7 of the SCHEDULE. If no amount is reflected in clause 7 of the SCHEDULE this Contract shall not be subject to such suspensive condition.
19.4 The Purchaser/s hereby Purchaser undertakes to timeously do all such things use the Purchaser's best endeavors in order to raise the aforesaid loan and furthermore undertakes to sign all such documents as may be are reasonably necessary and/or requisite for this purpose within a period of 7 (seven) days after the date of signature hereof by the Purchaser. The Purchaser warrants that he earns sufficient income to obtain the loan in order to apply for and procure the approval amount indicated.
19.5 Failing fulfilment of the said loan from a banksuspensive condition this Contract shall be deemed null and void ab initio and neither party shall have any claim against the other arising herefrom, building society or the financial institution and to furnish written proof to the Seller of the granting or refusal thereof. A mortgage originator, appointed by save that the Seller shall contact repay to the Purchaser/s to obtain the necessary information required for the loan application and to this end, the Purchaser/s irrevocably agrees to use the bond originator appointed Purchaser any amount(s) paid by the Seller to procure the mortgage finance required herein.
13.4 In the event that the mortgage originator has exhausted all means of obtaining the applicable final bond Purchaser on behalf of the Purchaser/s, the Purchaser/s will have 7 working days from date of being notified in writing of such failure, to provide a guarantee or the cash balance account of the Purchase Price to the Conveyancer, failing which the offer shall automatically lapseprice.
Appears in 1 contract
Samples: Agreement of Sale