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RE-SALE AGREEMENT SECTIONAL TITLE - …

1 June 2018 RE-SALE AGREEMENT SECTIONAL TITLE between: ("the purchaser") Postal address: Domicilium: Telephone: (h) (b) Telefax: e-Mail: and _____ ("the seller" ) Postal address: Domicilium: Telephone: Telefax: e-Mail: 1 Purchase and sale The seller hereby sells to the purchaser who purchases upon the terms and conditions set out herein and on the Conditions of Sale annexed hereto as Annexure "A" the unit established in terms of the SECTIONAL Titles Act comprising: Section No:.. in the SECTIONAL TITLE Scheme known as The Glades in extent approximately .. square metres, which section is shown on the plan and the site plan attached hereto as Annexure "B". 2 June 2018 An undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota of the said section to be specified in the schedule to be endorsed on the SECTIONAL plan.

2 June 2018 1.1.2 An undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota of the said section to be specified in the schedule to be endorsed on the Sectional

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Transcription of RE-SALE AGREEMENT SECTIONAL TITLE - …

1 1 June 2018 RE-SALE AGREEMENT SECTIONAL TITLE between: ("the purchaser") Postal address: Domicilium: Telephone: (h) (b) Telefax: e-Mail: and _____ ("the seller" ) Postal address: Domicilium: Telephone: Telefax: e-Mail: 1 Purchase and sale The seller hereby sells to the purchaser who purchases upon the terms and conditions set out herein and on the Conditions of Sale annexed hereto as Annexure "A" the unit established in terms of the SECTIONAL Titles Act comprising: Section No:.. in the SECTIONAL TITLE Scheme known as The Glades in extent approximately .. square metres, which section is shown on the plan and the site plan attached hereto as Annexure "B". 2 June 2018 An undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota of the said section to be specified in the schedule to be endorsed on the SECTIONAL plan.

2 Total purchase price: .. R Transfer duty shall be payable by the purchaser in respect of this sale. The purchaser acknowledges that the developer has established 8 of the 26 residential units in the scheme on Erf 73 Dunkirk Estate, Registration Division FU, Province of KwaZulu Natal, in extent approximately 13168m , as a SECTIONAL TITLE Scheme known as "The Glades" in terms of the provisions of the SECTIONAL Titles Act, No 95 of 1986, or any amendment thereof. 2 Payment of purchase price The purchase price shall be secured by the purchaser as follows: The purchaser shall lodge a deposit of (..%) with Jacques Roos Attorneys, Shop 23 Tiffany s Shopping Centre, Salt Rock Main Road, Salt Rock ("the conveyancers") upon the signing of this AGREEMENT , which sum shall be retained by the conveyancers in trust in an interest-bearing account with interest accruing for the purchaser pending transfer. Payments to the conveyancers shall be made in cash or by cheque, or alternatively to the following account: Name: Jacques Roos Attorneys Bank: Standard Bank of South Africa Limited Branch: Ballito Branch code: 05 1001 Account: 040 126 145 Type: Trust account Ref: The Glades Apartments OR Name: Bank: Branch: Branch code: Acc No.

3 : Ref: The Glades Apartments The purchaser shall lodge with the conveyancers, either a guarantee acceptable to them or, alternatively, cash for the balance of the purchase price within 30 days of the date of the purchaser's signature to this AGREEMENT . In the event of the 3 June 2018 purchaser paying the balance of the purchase price in cash, then it shall be held by the conveyancers in accordance with the provisions of 0 above. The guarantee will be expressed payable on the date of transfer. The purchaser shall secure the transfer duty / VAT payable on this transaction by means of either cash or a guarantee acceptable to the conveyancers, to be lodged within the said 30-day period. The conveyancers shall pay the purchase price, together with VAT (if applicable) to the seller upon registration of transfer of the Unit into the name of the purchaser. Interest, which accrues on all the cash deposits, shall be paid or credited to the purchaser upon registration of transfer of the unit into the name of the purchaser.

4 In the event of any of the amounts or guarantees due by the purchaser in terms of this AGREEMENT not being paid or lodged on due date, then interest shall accrue on such outstanding amounts from the date when such payment or guarantee was due until the date when the payment or guarantee is lodged with the conveyancers. Interest shall be calculated at the prime overdraft rate of the Standard Bank of South Africa Limited and compounded monthly in arrears. The purchaser hereby agree to comply with all the terms and conditions of the Financial Intelligence Centre Act ("FICA") and to furnish the conveyancers with such documentation as they may require to satisfy themselves that the terms of FICA are complied with and the purchaser acknowledges that any failure to provide the said FICA documentation shall prohibit the conveyancers from investing any cash deposit in an interest bearing account as provided for in above.

5 3 Suspensive conditions This AGREEMENT is subject to the following suspensive condition being fulfilled, namely: To the purchaser selling his house/apartment situated at ..by the .. 2018 The granting of a mortgage bond for the sum of in accordance with the provisions of clause 4 hereof, within 30 days of the purchaser signing this AGREEMENT . In the event of a mortgage bond for the amount referred to in clause above not being granted in accordance with and subject to the provisions of clause 4 below, then either party may cancel this AGREEMENT upon written notice to the other party and no party shall have any claim against the other for damages and all funds paid by the purchaser to the conveyancers shall be refunded together with interest, less an administration fee of inclusive of VAT. 4 June 2018 The offer is valid until the offer is valid until 16H00 on the ../../2018 and will be null and void if not accepted by the Seller before the stipulated date.

6 4 Mortgage bond In the event of the purchaser requiring a mortgage bond for the amount referred to in clause above, this condition will be deemed to have been fulfilled upon a financial institution lodging a letter, acceptable to the conveyancers, confirming that a mortgage bond has been granted to the purchaser upon the normal terms and conditions applicable to home loans. It is expressly recorded that a "pledge/pre-bond approval" does not constitute the necessary approval in terms of this AGREEMENT . The seller shall be entitled to extend the said 30-day period by a further period of 30 days at its sole discretion and the purchaser hereby authorises the seller and/or the agent to assist in the obtaining of the mortgage bond. The purchaser hereby agrees to supply such information as may be required by the financial institution to enable the financial institution to consider the purchaser's application. In the event of the purchaser not providing the necessary information to the financial institution within 10 days of being called upon to do so by the financial institution, the agent or, alternatively by the bond originator handling the application on behalf of the purchaser, and the mortgage bond not being granted on due date then the seller shall be entitled to cancel this AGREEMENT and retain the deposit paid in accordance with the provisions of clause 0 above.

7 5 Phased development This sale is subject to the following special conditions, which will be imposed by the Developer in terms of Section 11(2) of the Act: The developer, in terms of section 25 of the Act, hereby reserves for itself the real right to extend, for its personal account, the scheme by the erection and completion from time to time but within a period of 25 years of further buildings and to extend the scheme in terms of further phases. 6 Estimated monthly levy The estimated monthly levy at the date of signature of this Contract of Sale shall be square meter of the section area, as determined in the SECTIONAL plan of the scheme, per month which amount will include the compulsory contribution to the Homeowners Association in terms of clause 8 of the Conditions of Sale attached hereto as Annexure "A". 7 Occupation Date The occupation date will be .. 5 June 2018 Signed at .. this .. day of ..2018 As witness.

8 PURCHASER I acknowledge that I am acquainted with and understand the contents of this contract and that all the annexures referred to in this contract were attached hereto when I signed same.. Consenting spouse 6 June 2018 This portion to be signed by spouse / parent / legal guardian / member / director/ trustee in the event of the PURCHASER being a person married in community of property / minor / close corporation / company / trust.. (Full names) of .. (Full address and telephone number) hereby consents to the conclusion of this contract and guarantees and binds himself as surety for and co-principal debtor in solidum with the PURCHASER to the SELLER for the due and punctual fulfilment and discharge of all the conditions and obligations undertaken by the PURCHASER to the SELLER pursuant to this contract, under renunciation of the benefits of excussion and division with the meaning and effect of which benefits and the renunciation thereof he acknowledges himself to be acquainted.

9 No variation or amendment or novation of the contract shall prejudice the suretyship obligations hereby undertaken by the undersigned guarantor, the object being that the undersigned guarantor will at all times be liable as surety and co-principle debtor, even if the contract is varied of amended or novated and even if the PURCHASER is granted an indulgence by the SELLER. Signed by the guarantor at .. on this .. day of .. 2018 As witnesses: .. Guarantor DATED at .. this .. day of .. 2018 As witness: .. SELLER I, the undersigned hereby accept the benefits conferred under this AGREEMENT .. The agent Name and initials: Representing: . Telephone number. 7 June 2018 ANNEXURE "A" CONDITIONS OF SALE 1 Definitions and interpretation For the purposes of the contract of sale and the conditions of sale, unless the context indicates to the contrary "architect" means Jay + Nel Architects; "this contract" means the contract of sale and all Annexures thereto; "contract of sale" means the Contract of Sale to which these conditions of sale are Annexure "A"; "conditions of sale" means these conditions of sale;"conveyancers" means Jacques Roos Attorneys, Shop 23, Tiffany s Shopping Centre, Salt Rock Main Road, Salt Rock; or the selected conveyancers given in Clause of the Contract of Sale.

10 "date of occupation" means the date of registration of the unit into the name of the purchaser or, if applicable, the earlier date as specified in the Contract of Sale; "the Developer" means the Trustees of the Dunkirk Development Trust No: IT 999/03 "property" means collectively the land and buildings on ERF 73, Dunkirk Estate, Registration Division FU, Province of KwaZulu-Natal, in extent 13168m , as will more fully appear outlined on the layout plan Annexure "B" hereto; "purchaser" means the purchaser in terms of this contract; "real right of extension means the right to extend the scheme by the erection of the Unit or Units (in accordance with the plan and the layout plan and other specifications set out in this contract) which has been reserved by the developer in terms of Section 25 of the Act. "scheme" means the SECTIONAL TITLE scheme to be known as: "THE GLADES, Dunkirk Estates" and comprising the property and all buildings constructed and to be constructed on the property; The Homeowners Association" ("HOA") shall mean a company to be established in terms of Section 21 of the Companies Act, 61 of 1973, whose function it will be to manage all the common affairs of the homeowners in Dunkirk Estates, in particular the maintenance of the roads and common areas.


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