POSSESSION AND OCCUPATION. 18.1 The Seller shall give the Purchaser at least 30 (thirty) calendar days written notice of the Contractual Occupation Date.
18.2 In the event of the Seller being unable to make the Subject Matter available to the Purchaser on the Contractual Occupation Date, the Seller shall be entitled to postpone the Contractual Occupation Date by up to a further 180 (One Hundred and Eighty) additional days by written or verbal notice to the Purchaser. If the Subject Matter is fit for occupation prior to the Contractual Occupation Date, the Seller may notify the Purchaser of an earlier Contractual Occupation Date on notice given not less than 30 (thirty) calendar days before the earlier Contractual Occupation Date.
18.3 The Seller shall give and the Purchaser shall take vacant occupation of the Subject Matter on the Contractual Occupation Date. Failure on the part of the Purchaser to take physical occupation (whether personally or by agent) or to accept the keys to the Subject Matter shall not affect the Contractual Occupation Date which shall remain as defined and described in clauses 18.1 and 18.2 above.
18.4 The Seller shall be entitled to deny the Purchaser access to the Subject Matter until all outstanding obligations of the Purchaser have been fulfilled and the Purchaser shall, nevertheless, remain liable for payment of the occupational interest, notwithstanding the fact that actual occupation was denied by the Seller.
18.5 Occupation of the Section by the Purchaser or anybody through the Purchaser shall not create a tenancy and in the event of this Agreement being cancelled, all rights to the occupation of the Subject Matter shall lapse and the Subject Matter shall be vacated forthwith.
18.6 From the Contractual Occupation Date until registration of transfer of the Unit into the Purchaser's name, and including such date, the Purchaser shall pay to the Seller occupational interest as described in clause 4.3, monthly in advance on the first day of each and every month to the Seller until the transfer date (both days inclusive), prorated for periods of less than a month.
18.7 Should the Purchaser be in occupation of the Subject Matter and registration of transfer be delayed by reason thereof that the Purchaser:
18.7.1 fails or refuses to pay any amount due in terms of this Agreement or to sign any document which the Purchaser is required to sign in terms of this Agreement; or
18.7.2 commits any other breach or fails to comply with any other term of this Agreement;...
POSSESSION AND OCCUPATION. 7.1 Possession and occupation of the Property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaser.
7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date.
7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to give the Purchaser occupation of the Property by the Estimated Possession Date, the Purchaser acknowledges the fact that the Estimated Possession Date is only an estimated date and the Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failure.
7.4 The Seller shall endeavour to give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession of the Property to the Purchaser.
7.5 Occupation of the Property by the Purchaser or anybody through the Purchaser shall not create a tenancy, that is to say, in the event of this Agreement being cancelled all rights to the occupation of the Property shall lapse and the Property shall be forthwith vacated.
7.6 The Purchaser acknowledges that all Sections within the Scheme may at the Transfer Date not be fully complete and that the Purchaser may suffer a slight inconvenience as a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in close proximity to the Property not be complete that it will be secured and closed off to limit any such inconvenience.
7.7 From the Possession Date until the Transfer Date the Purchaser shall -
7.7.1 keep the Property in good repair;
7.7.2 permit the Seller or its agent at all reasonable times to enter and inspect the Property subject thereto that the Purchaser has been given prior notice of any such intended inspection;
7.7.3 be responsible for all costs of electricity and water consumed on any part of the Property insofar as these may be separately metered;
7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and
7.7.5 comply with all rules and regulations applicable to the Scheme.
7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.
POSSESSION AND OCCUPATION. POSSESSION: Possession will be given to the PURCHASER on date of registration from which date all benefits and risks of ownership in respect of the PROPERTY shall pass to the PURCHASER.
POSSESSION AND OCCUPATION. 7.1 The Purchaser shall be placed in possession and occupation of the Property on the Date of the delivery of a unconditional guarantee issued by a South African financial institution from which date the Property will be at the sole risk, profit or loss of the Purchaser. The Seller, however, gives no warranty or guarantee that the Purchaser will obtain vacant occupation of the property on that date and the Purchaser shall have no claim of whatsoever nature against the Seller should vacant occupation not be obtained on the said date or at all.
7.2 If the date of occupation and possession does not coincide with the date of registration of transfer, the party enjoying occupation and possession whilst the property is registered in the name of the other party, shall, in consideration thereof and for the period of such possession and occupation, pay to the other party occupational interest calculated on the Purchase Price at a rate equal to the Prime Rate payable monthly in advance. Such occupational interest shall be payable monthly in advance to the Conveyancers directly. Occupational interest shall be adjusted for any period of less than one month, the final adjustment to be made on the Transfer Date.
7.3 This clause 7 of this Annexure “1” read together with such other clauses of this Annexure “1” as might be applicable and specifically with inclusion of clause 22 of this Annexure “1”, shall be regarded as an independent divisible agreement and notwithstanding any contradictory term elsewhere contained in this agreement, the Seller shall, without prejudice to any of its other rights in terms of this Agreement, be entitled without notice to the Purchaser, take steps in order to enforce the terms of this clause 7 of this Annexure “1” and/or the collection of any amounts due in terms of this clause.
POSSESSION AND OCCUPATION. 4.1. Possession and occupation of the property will be given to the Purchaser on the date of occupation as defined in clause 1.1.7, from which date all risk, profit and loss therein shall pass to the Purchaser.
4.2. From the date of occupation the Purchaser shall be liable for the payment of all rates and taxes and other municipal imposts levied against the property, as well as for water and electricity connection and consumption, sanitation, sewerage and refuse removal, insurance premiums, levies charged by the Home Owners Association and any other contributions or imposts charged against the property and the Purchaser will make the necessary payments to the Municipality and the Home Owners Association as required.
4.3. Any amounts paid by the Seller in respect of the amounts for which the Purchaser is liable in accordance with clause 4.2 for purposes of obtaining a clearance certificate/s, shall be refunded to the Seller within 30 (thirty) days after the date of occupation.
POSSESSION AND OCCUPATION. 11.1 The Purchaser shall take occupation and possession and assume control of the Property on date of registration of transfer of the Property in the name of the Purchaser, from which date it shall be at the sole risk, loss, profit and expense of the Purchaser and from which date the Purchaser shall be liable for all levies, rates and taxes whatsoever levied upon the Property by the government or Local Council, other competent authority, or the Association.
11.2 Should the Seller have pre-paid any such rates and taxes, levies and charges beyond the date of transfer aforesaid, the Purchaser shall on demand refund any such amounts paid beyond this date to the Seller.
POSSESSION AND OCCUPATION. 6.1 Vacant occupation and possession of the property shall be given by the Seller to the Purchaser on registration of transfer, or sooner by mutual written agreement.
6.2 All risks in and to the property shall pass to the Purchaser on the date of transfer or date of occupation, whichever occurs sooner, from which date the Purchaser shall be liable for all rates and other outgoings in respect of the property, including the payment of a monthly levy to the Homeowners’ Association as provided for in Clause 11.2.
POSSESSION AND OCCUPATION. Possession and occupation of the Property shall be given by the Seller and taken by the Purchaser on the Transfer Date (which is set out in Item 11 of the Information Schedule) and this shall be the date upon which all risk and benefit attaching to the Property shall pass to the Purchaser.
POSSESSION AND OCCUPATION. 6.1 The Builder is entitled to full and unfettered possession of the Erf from date of commencement of the Works and shall retain such possession until Date of Transfer.
6.2 The Builder shall provide possession and occupation of the Residential House to the Purchaser on the Date of Transfer. Initial here
6.3 It is recorded that, subject to the provision referred to in Clause 10.1, the Erf on which the Works is constructed will throughout the construction period be under the control of the Builder and that the Purchaser(s) shall not be entitled to have any access to the Erf prior to the Date of Occupation, otherwise than as approved by the Builder or its agent, and if approval is granted, subject to the terms of such approval.
POSSESSION AND OCCUPATION. 10.1. Possession and occupation of the Erf shall be given to and taken by the Purchaser on the Transfer Date unless the Parties specifically agree to another date in writing.
10.2. All the risk and benefit in respect of possession of the Erf shall pass to the Purchaser on the Transfer Date.
10.3. The Seller shall not be liable for any damages that the Purchaser may suffer as a result of a delay in registration of transfer.
10.4. The Purchaser acknowledges and accepts that while the Development is incomplete, the Purchaser and / or other occupants of properties which are part of the Development may suffer inconvenience from building operations and from noise and dust resulting therefrom.
10.5. The Purchaser shall not have any claim whatsoever against the Seller or Developer by reason of any inconvenience suffered as a result of building/construction on the Development. Sale Agreement
