VOETSTOOTS. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon. 3.2 The Purchaser has been expressly informed and acknowledges that the Property is sold and purchased voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause. 3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted. 3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision. 3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus. 3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations. 3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof. 3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 5 contracts
Samples: Contract of Sale, Contract of Sale, Contract of Sale
VOETSTOOTS. 3.1 7.1. The Property is purchased sold voetstoots as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed it now lies and acknowledges that the Property is sold and purchased voetstootswill be transferred subject to all the conditions and servitudes mentioned or referred to in the Seller’s title deeds, absolutely as it standsand especially subject to the conditions set out in the Conditions of Establishment declaring the township approved and the approved General Plan of the township. The Purchaser waives all claims against the Seller from any defects therein, with all its defects (if any) whether patent or latent. FurthermoreThe Purchaser, the Purchaser furthermore, acknowledges that the Seller through its contractors may makes no warranty or representations as to the degree of compaction or suitability of the soil of the property for building purposes. The Seller however declares that a geological report indicates that the township is suitable for building purposes.
7.2. Should the Property have been erroneously described in the agreement then the correct description of the Property shall be constructing roadsthe description for the purpose of this agreement, laying services and landscaping within which shall be deemed to have been amended accordingly.
7.3. The Seller shall not gain by any excess, nor shall the Estate and Seller be responsible for any diminution on the Property and agrees that area of the Property that might be revealed once the General Plan has been approved. The parties agree to accept such final survey and description unless the deviation in extent is more than 5% in which case the purchase price will be transferred to him as it then is after adjusted (increased or decreased) on a pro-rata basis and the completion of the work as contemplated in this clauseadjustment will be accounted for on transfer.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted7.4. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the PropertyProperty hereby purchased is unimproved.
7.5. The Purchaser shall have make no claim improvements or rights other alterations whatsoever prior to the registration of action against the transfer, without written permission from the Seller and Homeowners Association.
7.6. Should a dispute arise or be declared, such dispute shall be resolved by an Arbitrator appointed by the Developer. The cost in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed thereof shall be borne by the local or any other authority in approving unsuccessful party. Pending the Property as a separate subdivision.
3.5 The outcome of the dispute, the Purchaser acknowledges that he has satisfied himself as shall be obliged to pay the outstanding amount to the nature, locality and extent of the Property and the Seller Conveyancers who shall not be liable for any deficiency hold in the extent therefore nor shall it benefit by any surplusin Trust.
3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 2 contracts
Samples: Offer to Purchase, Offer to Purchase
VOETSTOOTS. 3.1 1. The Property property is purchased sold as vacant land described in the title deed subject to the servitudes and conditions contained therein, any preceding title deeds, leases or other real rights. The Seller shall not be liable for any lack or error in the description and size of the property that might be manifested upon it being surveyed and shall not be liable for any encroachment on or by the Purchaser property of any kind.
2. The property is sold voetstoots as it is and the Seller does not afford any guarantees or warranties in respect of the buildings or any improvements on the property, including all building materials, irrespective of whether the defect, damage, error or shortcoming is latent, hidden, visible, structural or otherwise nor that it is fit for the purpose for which it was built or bought, irrespective of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed and acknowledges that the Property whether it is sold and purchased voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed covered by the local voetstoots clause at common law or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property not and the Seller shall not be liable for any deficiency in such defect, costs and damages. This clause shall be interpreted to favour the extent therefore nor shall it benefit by any surplusSeller should there be a dispute regarding the voetstoots clause.
3.6 3. The Seller shall not be required to indicate to the Purchaser the position of any beacon or surveyor beacon or border of the property and the Seller shall not be liable for the costs of determining same.
4. The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for declares himself to be perfectly acquainted with the Estatenature, zoning, extent, beacons, boundaries, location, servitudes, leases and title deed conditions of the property.
5. HoweverThe Purchaser shall have no right of retention over the property arising from any cause whatsoever.
6. Neither the Seller, it shall be incumbent upon nor the PurchaserAgent, at nor the Purchaser’s costsecured creditor, to obtain a geotechnical report relating specifically nor their agents made any representations to the Property prior Purchaser in respect of any aspect to commencement of building operationsinduce the Purchaser to conclude this agreement.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
VOETSTOOTS. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed agrees and acknowledges that save as provided for in the Property Act to the Contrary, and in particular with reference to the list of Disclosed Defects annexed hereto marked "A":
8.1 The property is sold and purchased voetstoots, absolutely as it standsstands and without any warranties, express or implied. The Purchaser is deemed to have made himself acquainted with the property, its nature, condition, extent, beacons, locality and subject to all its defects (if any) defects, whether patent latent or latentpatent, and all servitudes and condition to which the property may be subject whether contained in the Title Deeds or otherwise, the Seller and/or the Agents being entirely free from all liability in respect thereof.
8.2 The Seller shall have the right to make minor alterations and modifications to the township layout as may be deemed necessary either by the local authority or by the relevant government department.
8.3 Transfer of the property shall be passed to the Purchaser subject to the following conditions which have been imposed by the Seller, and will be registered against the Title Deeds of the property:
8.3.1 that the property may not be consolidated with any other erf in the Estate or be further subdivided without the prior written consent of the Trust;
8.3.2 that the property or any portion thereof or any interest therein, shall not be disposed of, leased or transferred without the written consent of the Developer or the Association first being had and obtained;
8.3.3 that the property or any part thereof shall not be used for any purpose of a Sectional Title Scheme under the provisions of The Sectional Titles Act, No. Furthermore95 of 1986; a Share Block Scheme under the provisions of The Share Blocks Control Act, No. 59 of 1980; a Time Share Scheme under the provisions of The Property Time-Sharing Control Act, No. 75 of 1983 or any similar such Schemes, without the prior written consent of the Association.
8.4 In the event that at the date of signature hereof, the property hereby purchased forms part of an unproclaimed private township, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion transfer of the work as contemplated property can only be registered in this clause.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus.
3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain name once the township has been formally declared and a geotechnical report relating specifically to the Property prior to commencement Certificate issued in terms of building operationsSection 28(1) of Ordinance No. 27 of 1949 as amended.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 1 contract
Samples: Memorandum of Agreement
VOETSTOOTS. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed and acknowledges that the Property is sold and purchased voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause.
3.3 12.1 The Purchaser acknowledges that during he has been given the course of installation of infrastructure and services opportunity to properly inspect the Estate Property and the PropertySellers declaration attached hereto, either personally or by appointment of a suitably qualified person to attend to these inspections on the natural ground levels may have been Purchaser’s behalf at the Purchaser’s cost. The Seller shall not be responsible for the furnishing of any diagrams of the Property or may be altered and cut and fill methods adoptedfor the correctness of the boundaries or beacons or for pointing out the same. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser accordingly acknowledges that he has satisfied himself as to the nature, locality condition and extent the zoning of the Property and is purchasing the Property voetstoots (i.e. in the condition as it currently stands).
12.2 The Seller shall not be responsible for any defects therein, neither latent nor patent.
12.3 The Property is furthermore sold as described in the existing Title Deed(s) and is subject to all conditions and servitudes referred to in the said Title Deed(s) and subject to the rights of any Municipal, Local or Provincial Authority or of the State. The Purchaser agrees to accept the Title(s) as held by the Seller who shall not be liable for any deficiency in the extent therefore which may be revealed on any re-survey, nor shall it the Seller benefit by any possible surplus.
3.6 12.4 Notwithstanding the above, the Seller warrants that to the best of his knowledge and belief, all building plans for the buildings and structures built on the Property have been approved by the relevant Local Authority. If after the date of acceptance, it transpires that plans are outstanding, the Seller undertakes forthwith to attend to have these plans drafted and submitted to the Local Authority within ninety (90) days of becoming aware of same, at his cost. The Seller will ensure approval of the plans as soon as reasonably possible and will attend to any amendments required on the plans forthwith on becoming aware of same.
12.5 The Purchaser further acknowledges agrees that Registration of Transfer does not have to be delayed until after the plans have been approved or by-laws complied with provided that the Conveyancers attending to Registration of Transfer retain sufficient funds in obtaining township establishment approvals rust until the Seller has fulfilled his obligations and the Seller specifically agrees to this. Should the Seller not fulfil his obligations within a general geotechnical report has been obtained for reasonable time period, then the Estate. However, it shall be incumbent upon Conveyancers are authorised to release the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically funds to the Property prior Purchaser to commencement of building operationsattend to the necessary.
3.7 In no way detracting from the generality 12.6 As at date of the aforesaid or any other provision contained in signature of this Contract, it is specifically recorded that Agreement the Seller does not warrant warrants that to the best of their knowledge there are no alien species as defined in the National Environmental Management: Biodiversity Act 2004 (Act No 10 of 2004) and regulations thereto. If it transpires after date of signature that there are alien species on the Property is suitable for then the Purchaser’s proposed use thereofPurchaser will attend to have them removed at his cost.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 1 contract
Samples: Auction Agreement
VOETSTOOTS. 3.1 11.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling thereon.
3.2 The Purchaser has been expressly informed and acknowledges that the Property PROPERTY is sold and purchased "voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate " and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus.
3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller SELLER does not warrant that the Property PROPERTY is suitable for the Purchaser’s proposed use purpose for which it is bought.
11.2 The SELLER does not warrant that the extent of the PROPERTY stipulated in the diagrams, notices, sale conditions or this agreement is in fact the extent of the PROPERTY and the SELLER is not liable on re-measurement of the PROPERTY for any shortfall, nor does it wish to benefit from any excess.
11.3 The PURCHASER herewith expressly acknowledges that no guarantee, representations or undertaking were given or made to him/her by or on behalf of the SELLER in respect of any attributes of the PROPERTY, or otherwise than herein reflected.
11.4 The PURCHASER herewith explicitly agrees that no compensation will be payable for patent or latent defects and no reduction of the purchase price will be considered or effected to compensate therefor, nor would the PURCHASER be allowed to cancel this agreement after discovery of the same (save and except for the provisions of clause 13.6).
11.5 It shall be the sole responsibility of the PURCHASER, before the submission of building plans, to do the necessary soil tests to determine if the land has been filled. Should it appear that the land has been filled; the PURCHASER must undertake at his/her costs a geo-technical survey to determine the foundation conditions and its requirements, which should be adhered to. The PURCHASER undertakes to submit to the SELLER together with its building plans, the results of such a geo-technical survey.
11.6 That the PURCHASER shall take responsibility for extraordinary cost due to poor soil conditions, inclusive of the bearing capacity thereof.
3.8 In no way detracting 11.7 The PURCHASER acknowledges that the cost of complying with any special condition and requirement or failure to obtain any approval as a prerequisite for the proposed development of the PROPERTY, (even when the SELLER has opposed such application), will not entitle him/her to cancel this Agreement or to claim a reduction of the purchase price, nor to claim damages from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the PropertySELLER.
Appears in 1 contract
Samples: Deed of Sale
VOETSTOOTS. 3.1 The Property is purchased as vacant land by the Purchaser for the purpose of erecting a residential dwelling Scheme thereon.
3.2 The Purchaser has been expressly informed and acknowledges that the Property is sold and purchased voetstoots, absolutely as it stands, with all its defects (if any) whether patent or latent. Furthermore, the Purchaser acknowledges that the Seller through its contractors may be constructing roads, laying services and landscaping within the Estate and on the Property and agrees that the Property will be transferred to him as it then is after the completion of the work as contemplated in this clause.
3.3 The Purchaser acknowledges that during the course of installation of infrastructure and services to the Estate and the Property, the natural ground levels may have been or may be altered and cut and fill methods adopted. The Purchaser undertakes to take this into account in the planning, design and construction of buildings Buildings to be erected on the Property. The Purchaser shall have no claim or rights of action against the Seller in respect of any infrastructure, installation, altered natural ground levels or cut and fill methods adopted.
3.4 The Property is sold subject to all conditions and servitudes contained in the existing title deeds and any conditions and servitudes imposed by the local or any other authority in approving the Property as a separate subdivision.
3.5 The Purchaser acknowledges that he has satisfied himself as to the nature, locality and extent of the Property and the Seller shall not be liable for any deficiency in the extent therefore nor shall it benefit by any surplus.
3.6 The Purchaser further acknowledges that in obtaining township establishment approvals a general geotechnical report has been obtained for the Estate. However, it shall be incumbent upon the Purchaser, at the Purchaser’s cost, to obtain a geotechnical report relating specifically to the Property prior to commencement of building operations.
3.7 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that the Seller does not warrant that the Property is suitable for the Purchaser’s proposed use thereof.
3.8 In no way detracting from the generality of the aforesaid or any other provision contained in this Contract, it is specifically recorded that there shall be no obligation on the Seller to clear any vegetation on the Property.
Appears in 1 contract
Samples: Contract of Sale
