Claremart

KEEPING YOUR FINGER ON THE PULSE OF THE PROPERTY MARKET

4 MOSSEL STREET, KWANONQABA, MOSSEL BAY

LEADING THE INDUSTRY

CONDITIONS OF SALE OF PROPERTY
(AUCTIONS)
whereby
CLAREMART AUCTIONEERS PTY LTD t/a CLAREMART AUCTION GROUP
(the “AUCTIONEER")
duly instructed by
MR L VON W BESTER, NO IN HIS CAPACITY AS JOINT TRUSTEE OF INSOLVENT ESTATE A B
F TRUST
MASTER REFERENCE NUMBER: C458/2015
("the SELLER")
hereby offers for sale by public auction the immovable PROPERTIES as set out in Schedule "A"
annexed hereto.
("the PROPERTY")
together with all the improvements thereon, subject to the following conditions:
1. INTERPRETATION
1.1. Any reference to:
1.1.1 One gender includes the other gender.
1.1.2 Natural persons include juristic persons and vice versa.
1.1.3 Singular includes the plural and vice versa.
1.2 And any other references shall mutatis mutandis apply.
2. PROCEDURE
2.1 The AUCTIONEER has the sole right to regulate the bidding procedure and in the
event of any dispute between the bidders the decision of the AUCTIONEER shall be
final and binding.
2.2 Subject to the provisions of clause 3, the PROPERTY shall be sold to the highest
bidder and every bid shall constitute an offer to purchase the property for the amount
of the bid and no bid may be withdrawn prior to the expiry of the confirmation period
during which the bid will be open for acceptance by the SELLER.
2.3 Should the AUCTIONEER commit any error he shall be entitled to correct such error.
3. SIGNATURE, ACCEPTANCE AND CONFIRMATION
3.1 These conditions shall be signed by the highest bidder (the PURCHASER) on
request by the AUCTIONEER.
3.2 If this offer is concluded with more than one PURCHASER, the liability of such
PURCHASERS shall be joint and several in solidum.
3.3 The PURCHASER'S offer shall be open for acceptance and confirmation by the
SELLER for a period of 7 (seven) working from the date of the auction, the first
day being the day after the auction, and may be accepted by the SELLER at any
time prior to the expiry of the mentioned confirmation period ("DATE OF
ACCEPTANCE"). Acceptance of the offer will be confirmed by the AUCTIONEER to
the PURCHASER in writing.
3.4 The SELLER reserves the right to extend the confirmation period within reason after
due notice has been given to the PURCHASER in writing on condition that it may not
be extended for more than another 14 (fourteen) days. Any longer extension must
be agreed in writing between the parties.
3.5 The SELLER reserves the right to decline the PURCHASER'S offer. The SELLER
shall have no obligation to accept the offer and shall not be obliged to furnish a
reason for the rejecting of an offer. If the SELLER rejects the PURCHASER'S offer,
the SELLER shall be entitled to accept any other offer that may be received in
respect of the PROPERTY.
4. PURCHASE PRICE
The PURCHASE PRICE, exclusive of Value Added Tax (VAT) if applicable, will be payable by
the PURCHASER as follows:
4.1 A cash deposit of 10% (ten percentum) of the PURCHASE PRICE to the
AUCTIONEER immediately on the fall of the hammer, which shall be held in an
interest bearing Trust Account, with interest to accrue for the benefit of the Purchaser
until confirmation of the offer, where after the aforementioned deposit and accrued
interest thereon will be paid over to the Seller.
4.1.1 the Seller is authorised to utilise such deposit or any part thereof to pay all
the costs and charges relating to the realisation and transfer of the property
which shall include, but not be limited to, the outstanding Rates, Levies and
Advertising Costs.
4.2 The balance of the purchase price shall be paid upon registration of transfer of the
PROPERTY in the name of the PURCHASER, and pending registration of transfer,
shall be secured by means of a suitable guarantee issued by a Financial Institution
acceptable to the SELLER. The said guarantee shall be delivered to the appointed
CONVEYANCER ("CONVEYANCER") within 21 (twenty one) days from the DATE
OF ACCEPTANCE, which guarantee shall be payable free of exchange.
4.3 The PURCHASER hereby instructs and authorises the CONVEYANCER to invest, in
terms of Section 78 (2A) of the Attorneys Act No. 53 of 1979 (as amended), any
monies paid by him or on his behalf in terms of this Offer (Agreement), in an interest
bearing account for the PURCHASER'S benefit.
The PURCHASER acknowledges that he is aware that the CONVEYANCER will only
be in a position to give effect to this mandate once he, the PURCHASER, has
furnished the CONVEYANCER with documents, to be requested by the
CONVEYANCER, in terms of the Financial Intelligence Centre Act, 2001.
4.4 In the alternative to clause 4.3 above, the PURCHASER has the right to pay the full
balance of the purchase price on the acceptance date to the CONVEYANCER.
On payment of the full balance of the purchase price the interest provided for in
clause 7 shall fall away subject to the condition that the full purchase price shall be
invested on behalf of the SELLER, in terms of Section 78 (2A) of the Attorneys Act
No. 53 of 1979 (as amended), by the CONVEYANCER in an interest bearing account
for the SELLER'S benefit and the SELLER hereby instructs the CONVEYANCER
accordingly.
4.5 The deposit shall be non-refundable, except in the instance where the sale is not
accepted or confirmed by the SELLER in which event all monies paid by the
PURCHASER to the SELLER in terms hereof shall be refunded to the PURCHASER.
5. TRANSFER DUTY / VAT
5.1. VAT or transfer duty, as applicable, shall be paid in addition to the purchase price;
5.2. If the property is sold as an income generating going concern at a nil VAT rating, the
parties declare and agree as follows:
5.2.1. The SELLER warrants that it is a VAT vendor as at the Signature Date and
will be a vendor as a the Effective Date, being the time of supply, as
contemplated in the Act;
5.2.2. The PURCHASER warrants that it will be a VAT vendor as at the Effective
Date, being the time of supply, as contemplated in the Act and undertakes
to furnish the Seller's conveyancers with a copy of its registration certificate
for value-added tax purposes;
5.2.3. The SELLER and the PURCHASER have agreed that the purchase price of
the Enterprise is inclusive of value-added tax at the rate of zero per cent;
5.2.4. The property is sold as an income generating running concern ;
5.2.5. It is recorded that the concern will on the Signature Date, the Effective date
and on the Registration date be an income generating enterprise and will
be transferred as such inclusive of all improvements on the property;
5.3. If the South African Revenue Services rules that this transaction does not qualify for a
zero rating, the PURCHASER will be responsible for the payment of the VAT on the
purchase price. It shall be paid in addition to the purchase price and be paid by the
PURCHASER to the SELLER’S Attorneys as and when requested. A VAT invoice
shall be issued within 7 (seven) days after date of registration of transfer.
6. COSTS OF TRANSFER
6.1 The PURCHASER shall be liable, in addition to the Purchase Price and VAT (if
applicable), for all costs of registration of Transfer of the PROPERTY including but not
limited to: (if applicable) transfer duty, revenue stamps, mortgage loan costs,
attorneys' fees, deeds office registration fees, such proportion of the assessment
rates levied by the Local Authority as may be due, or such proportion of charges and
levies as may be due to a Home Owners Association or Body Corporate (all from the
date that the Guarantees have been delivered to the Transferring Attorneys in
terms of clause 4.2 of these Conditions of Sale of this offer and until date of
registration of Transfer), which amounts shall be paid immediately upon demand by
the CONVEYANCER, to the CONVEYANCER, and the conveyancing shall only
commence after such costs have been paid by the PURCHASER.
6.2 The PURCHASER shall furthermore, in addition to the PURCHASE PRICE, be
responsible for the payment of Value Added Tax (VAT) should the SELLER be a
registered VAT vendor, regardless of whether he was aware of this fact on date of
signature hereof by himself. The PURCHASER shall make payment of the aforesaid
VAT immediately upon demand by the CONVEYANCER, to the CONVEYANCER,
and the conveyancing shall only commence after such costs have been paid by the
PURCHASER.
7. INTEREST
The PURCHASER will pay interest on the balance of the purchase price from the date that
the Guarantees have been delivered to the Transferring Attorneys in terms of clause 4.2 of
these Conditions of Sale to the date of registration of transfer calculated at 0.5% (zero point
five percentum) per month, both days inclusive. The interest will be payable monthly in
advance before or on the first day of each and every month, the first payment to be made on
the first day of the month from the the date that the Guarantees have been delivered to the
Transferring Attorneys in terms of clause 4.2 of these Conditions of Sale. Payment of the
interest will be effected to the CONVEYANCER.
8. TRANSFER
Transfer shall be effected by a Conveyancer appointed by the SELLER.
9. POSSESSION
9.1. Possession of the PROPERTY will be given to the PURCHASER and the
PURCHASER shall be obliged to take possession thereof, on the date that the
Guarantees have been delivered to the Transferring Attorneys in terms of clause
4.2 of these Conditions of Sale from which date the PURCHASER shall be liable for
interest on the balance of the purchase price, all municipal rates, taxes, consumption
charges, insurance premiums and/or fees and levies payable on the PROPERTY,
and from which date the PROPERTY shall be the sole risk, profit or loss of the
PURCHASER. Should the SELLER have made any payment of such a nature for a
period after the date of possession, he shall be entitled to a refund thereof pro rata to
the period of prepayment.
9.2. The PURCHASER shall not be entitled to make any alterations or additions to the
PROPERTY before the date of registration of transfer. The PURCHASER shall be
obliged, in the event of the cancellation or lapse of this agreement, to forthwith vacate
the PROPERTY and restore it to the SELLER in the same condition as when the
PURCHASER took possession. The PURCHASER will have no claims whatsoever
against the SELLER arising out of any alterations or additions made to the
PROPERTY by the PURCHASER and waive any retentions or liens of whatsoever
nature in respect hereof.
9.3. If the PROPERTY is leased, this Agreement is entered into and subject to the rights
of the tenant under any existing Lease Agreement, statutory provisions or the
Common Law.
9.4. The PURCHASER agrees that the SELLER does not make any warranties or
representations, whether express or implied, regarding vacant occupation and
possession. The property is hereby sold free of any leases which arose subsequent
to any bonds be registered over the property or any claims preferent to the lease.
10. VOETSTOOTS
10.1. The PROPERTY is purchased and sold Voetstoots and the SELLER shall not be
liable for any defects, patent, latent or otherwise in the PROPERTY nor for any
damage occasioned to or suffered by the PURCHASER by reason of such defect.
The PURCHASER admits having inspected the PROPERTY to his satisfaction and
that no express or implied representations, guarantees or warranties of any nature
were made or given by the SELLER or his AGENT or AUCTIONEER regarding the
condition, quality or any other characteristics of the PROPERTY or any of the
improvements thereon or accessories thereof.
10.2. The PROPERTY is sold as described in the existing title deed or deeds thereof and
subject to all conditions and servitudes (if any) attaching thereto or mentioned or
referred to in the said title deed(s) or prior deed(s). The SELLER shall not be liable for
any deficiency in extent, which may be revealed on any re-survey, nor shall the
SELLER benefit by any surplus in extent.
10.3. The SELLER shall not be required to indicate to the PURCHASER the position of the
beacons or pegs upon the PROPERTY and/or boundaries thereon, nor shall the
SELLER be liable for the costs of locating same.
11. NOMINEE
The PURCHASER shall be entitled, by notice in writing to the SELLER, to nominate a
nominee in his place as PURCHASER, upon the following terms and conditions:
11.1. the aforesaid notice shall be handed to the SELLER by no later than close of
business on the DATE OF ACCEPTANCE;
11.2. the notice shall set out the name and address of the nominee so nominated as
PURCHASER:
11.3. the notice shall be accompanied by the nominee's written acknowledgement:
11.3.1. that it is fully aware of all the terms and conditions of this agreement as if
fully set out in such written acknowledgement; and
11.3.2. that it is bound by the provisions of this agreement as the PURCHASER;
11.4. Should the PURCHASER nominate a nominee in terms of this clause, then:
11.4.1. all references to the PURCHASER in this agreement shall be deemed to be
a reference to its nominee; and
11.4.2. the PURCHASER by his signature hereto, hereby interposes and binds
himself as surety and co-principal debtor in solidum, for and on behalf of all
the obligations of the aforesaid nominee as PURCHASER, to and in favour
of the SELLER, for all the PURCHASER'S obligations under this agreement,
including damages, and renounces the benefits of division and excussion.
12. DOMICILIUM
12.1. The PURCHASER elects as his/her domicilium citandi et executandi for all purposes
hereunder the address set out in "INFORMATION FOR CONVEYANCER AND
ADMINISTRATION" attached hereto.
12.2. Any notice dispatched to the PURCHASER by prepaid registered post or facsimile to
the party's said domicilium citandi et executandi shall be deemed to have been
received by such a party 7 (SEVEN) days from date of dispatch thereof.
13. PROHIBITION TO SELL OR CEDE
The PURCHASER shall not, prior to the date of registration of the transfer, be entitled to sell
the PROPERTY or to cede, assign or make over his rights in terms hereof, or to give notice of
cancellation of an existing lease, without the prior written consent of the SELLER.
14. JURISDICTION
14.1. For the purpose of resolving any dispute which may exist or occur between the
parties hereto, the parties consent to the jurisdiction of the Magistrate's Court or any
other court with jurisdiction or a court otherwise competent with jurisdiction over the
person of the parties in that each of them resides, carries on business, or is employed
within its area of jurisdiction, notwithstanding that such proceedings are otherwise
beyond its jurisdiction. This clause shall be deemed to constitute the required written
consent conferring jurisdiction upon the said court pursuant to Section 45 of the
Magistrates' Court Act 32 of 1944 or any amendment thereof provided that the
SELLER shall have the right at his sole option and discretion to institute proceedings
in any other competent court in respect of any claim which, but for the foregoing,
would exceed the jurisdiction of the Magistrate's Court.
14.2. In the event of the SELLER instructing its Attorneys to institute any proceedings
against the PURCHASER for payment of the purchase price, interest and other
monies due by the PURCHASER hereunder or for the performance by the
PURCHASER of any of the terms and conditions herein, then the PURCHASER
agrees that he shall be liable for and shall pay any such legal costs on the scale as
between the Attorney and Own Client.
15. BREACH
In the event of the PURCHASER being in breach of any of the terms or conditions contained
herein, and remain in default for 7 (seven) days after dispatch of a written notice by registered
post or by facsimile requiring him to remedy such breach, the SELLER shall be entitled to,
and without prejudice to any other rights available at law:
15.1. claim immediate payment of any amount due by the PURCHASER; and/or
15.2. declare the full balance of the purchase price and interest payable forthwith and claim
recovery thereof; and/or
15.3. cancel the agreement without any further notice, and retain all amounts paid by the
PURCHASER as "Rouwkoop" and the PURCHASER hereby authorises any third
party holding such monies to pay the same to the SELLER and to the AUCTIONEER,
as applicable, and/or
15.4. terminate this agreement and claim damages from the PURCHASER, which damages
shall include, but not be limited to, the costs and expenses of advertising and selling
the PROPERTY to a third party.
16. AUCTIONEER'S COMMISSION
Commission calculated at 5% (five percentum)(plus VAT) of the gross purchase price of the
property (excluding VAT), will be due and payable by the SELLER to the AUCTIONEER,
which commission shall be deemed to have been earned by the Auctioneer on confirmation of
the sale by the SELLER.
17. VARIATION
This agreement constitutes the whole and only agreement between the SELLER and the
PURCHASER and no alteration or variation of this agreement shall be of any force or effect
unless reduced to writing and signed by the parties hereto or their duly authorised agents.
Any representations, warranties or undertakings made or given by the SELLER or its agents
other than those contained herein shall be of no force or effect whatsoever.
18. PERSONAL SURETYSHIP JOINT AND SEVERAL LIABILITY ON BEHALF OF
PURCHASER
The representative of the PURCHASER, by his signature hereto, hereby interposes and binds
himself in favour of the SELLER, jointly and severally as surety for and co-principal debtor in
solidum with the PURCHASER for the due and timeous performance by it of all its obligations
as PURCHASER in terms of this Agreement and hereby renounces the benefits and
excussion of and division.
If this Agreement is concluded with more than one PURCHASER, the liability of such
PURCHASER to the SELLER shall be joint and several in solidum.
19. MARITAL STATUS OF PURCHASER
The PURCHASER warrants that his marital status is as set forth in the "INFORMATION FOR
CONVEYANCER AND ADMINISTRATION" annexed hereto and, further that the information
contained in such schedule is true and correct in each and every respect.
20. WAIVER
Notwithstanding any express or implied provisions of this Offer to the contrary, any latitude or
extension of time which may be allowed by the SELLER in respect of any matter or thing that
the PURCHASER is bound to perform or observe in terms hereof, shall not under any
circumstances be deemed to be a waiver of the SELLER'S rights at any time, and without
notice, to require strict and punctual compliance with each and every provision or term hereof.
21. CERTIFICATES TO BE OBTAINED
The PURCHASER shall at his own cost obtain:
21.1. A certificate of compliance with the requirements of the Occupational Health and
Safety Act, Act 85 of 1993 and/or Government Regulations No. 2920/1992 to the
effect that the electrical installation on the property complies with SABS 0142, or is
reasonably safe;
21.2. A certificate to the effect that the improvements on the property are free from
infestation by timber destroying insects, if specifically required by a financial
institution;
21.3. A certificate of the occupation of the property (if applicable);
21.4. A NHBRC Certificate (if applicable).
22. FIRST RIGHT OF REFUSAL
22.1. If the SELLER does not accept the PURCHASER'S offer during the CONFIRMATION
PERIOD because it has received a higher offer from a third party, the PURCHASER
shall be entitled to increase the PURCHASER'S offer during the CONFIRMATION
PERIOD in order to match the third party's offer, on condition that the PURCHASER
shall be approached only once with any higher offer
22.2. Any further offers being made prior to confirmation of the sale agreement shall be
made within 14 (fourteen) days after date of the auction and will be subject to these
terms and conditions. The submissions of further offers will close 14 (fourteen) days
after date of the auction and no further offers may be considered by the SELLER or
the AUCTIONEER.
22.3. Any such offers of which the purchase price has been confirmed by the SELLER as
acceptable for confirmation purposes, shall be submitted to the highest auction
bidder, who will have the first right of refusal to equal and match the offer within 24
(twenty four) hours after submission thereof and to be accepted in writing by the
successful bidder and PURCHASER at the auction, in which event the sale shall
immediately become final.
22.4. The above additional offers are subject thereto that an improved offer can only be
submitted to the successful PURCHASER at the auction for only one event. Once
such an improved offer has been submitted to the successful bidder at the auction for
consideration, it shall be deemed that the offers have closed and that no further offers
may be considered whatsoever.
23. ESKOM POWER (IF APPLICABLE)
23.1 The Seller undertakes to obtain final Eskom electricity readings and make payment of
all outstanding electricity due to Eskom as of date of transfer of the relevant property.
The Purchaser shall be entitled to transfer the electricity account to the Purchaser’s
benefit only after transfer of the property has been registered in the Deeds Office in
the name of the Purchaser;
23.2 Unless specifically guaranteed separately in this sale agreement, the Seller does not
warrant the supply of electricity by Eskom and/or the registration of any water rights in
respect of the property;
24. RATES AND TAXES
24.1 The Seller shall be obliged to make payment of all rates and taxes and any statutory
levies payable in respect of the property and shall for the account of the Seller supply
a clearance certificate to effect registration of transfer into the name of the Purchaser;
24.2 Each party shall on demand furnish or ensure the furnishing of all documents, records
and verifications required by anyone in regard to the Financial Intelligence Centre Act
No. 38 of 2001 relating to this contract the parties or the execution thereof;
25. ELECTRICAL CERTIFICATE
The Purchaser shall, at its own costs obtain a valid electrical certificate of compliance as
envisaged by the Occupational Health and Safety Act No. 85 of 1993 and Government
Regulation 2920 of 1992 and Purchaser shall be liable for whatever expenses or costs which
may be involved in obtaining same including reparation costs to be effected in respect of the
installation. Purchaser shall deliver the said certificate of compliance to the conveyancers
after date of occupation by the Purchaser and/or on date of transfer, whichever occurs first.
The Seller and the Purchaser warrants that they will not make any alterations to the electrical
installation after the issue of the certificate of compliance.
26. GAS INSTALLATION - CERTIFICATE OF CONFORMITY
In the event of there being a gas installation in the property the Seller shall at its cost be
obliged to obtain a Certificate of Conformity in respect of such an installation as is required by
Section 17(3) of Government Notice R734 of 15 July 2009 stipulated in The Government
Gazette 32395. The Seller and its Agents shall have reasonable access to the property prior
to the Transfer Date for the purposes of obtaining such Certificate and for carrying out such
repairs as may be necessary. Should any repairs be necessary they will be for the cost and
account of the Seller.
27. SECURITY OF TENURE
Purchaser acknowledges that it is acquainted with the provisions of the Extension of Security of
Tenure Act No.62 of 1997 and the factual position regarding the occupants of the property. The
Purchaser also acknowledges that it is aware that the provisions of the said Act are binding on
the Purchaser as successor in title of the Seller and the property is sold subject to the said
provisions and any alleged occupancy rights.
28. RESTITUTION OF LAND RIGHTS
28.1 The property is sold subject to the provisions of the Restitution of Land Rights Act No. 22
of 1994.
28.2 The sale is subject to any land claim registered in terms of the Restitution of Land Rights
Act 1998 on the relevant property. In the event that a claim has been noted against the
property by the Land Claims Commissioner, the Seller shall give 30 (thirty) days’ notice
to the Land Claims Commissioner in respect of this sale agreement;
28.3 The Seller does not warrant or guarantee that there is no land claim against the property
and the Purchaser purchases the property subject to any land claims being instituted or
to be instituted in terms of the restitution of Land Rights Act 1998;
29. APPLICABLE LEGISLATION
The property is sold subject to the right of any:
29.1 Labourer who has the right of cultivating or grazing or the right to occupy and to use, in
terms of the provisions of the Land Reform (Labour Tenants) Act, 3 of 1996;
29.2 any existing informal rights in respect of business, occupation, habitation, residence,
permission for occupation, use or entry to the property or occupied the property already
before 31 December 1992 (i.e. more than 5 (Five) years, in terms of the Interim
Protection of Informal Land Rights Act, 31 of 1996;
29.3 Any rights of occupants of the property, including elderly persons, children, handicapped
persons and households of which a woman is the head in terms of the Prevention of
Illegal Eviction from Unlawful Occupation of Land Act, 19 of 1998;
29.4 Any occupancy rights in terms of the Extension of Security of Tenure Act No. 62 of 1997.
30. WATER RIGHTS (IF ANY)
The sale of the property includes any registered and/or unregistered water rights attached to
the property (if applicable). The Seller shall be obliged to make payment of all arrear levies in
respect of water rights imposed by the authorities until date of transfer. The Purchaser shall
be obliged at its own costs, to obtain transfer of the water rights and/or registration thereof.
Registration of the water rights and/or transfer thereof shall only be effected after the transfer
of the immovable property into the name of the Purchaser;
31. SPECIAL CONDITIONS
31.1. If applicable, this agreement is subject to the approval of the sale or powers to be
granted:
(a) by the Court; or
(b) by the Master of the High Court in terms of Section 18(3) and/or Section 80
(bis) of the Insolvency Act 24 of 1936; or Section 386 of the Companies Act
65 or 1973 read with Item 9 of Schedule 5 of the Companies Act 71 of 2008;
or
(c) subject to the Acceptance of the Agreement by the TRUSTEE/LIQUIDATOR
upon the adoption of the Resolutions authorising him to do so.
31.2. Should the SELLER not confirm the sale this offer will lapse and this document and
bid shall be deemed to be pro non scripto.
THE PROPERTY WAS PUT UP FOR SALE BY PUBLIC AUCTION ON THE __________ DAY OF
_____________________________________ 2015 and sold for the amount of
R__________________________________________________)
(EXCLUDING VALUE ADDED TAX AND INCLUDING COMMISSION IN THE AMOUNT OF
R__________________ PLUS VAT)
TO:
MR/MRS/MS ______________________________________________________________________
(hereinafter referred to as the "PURCHASER")
Refer to "INFORMATION FOR CONVEYANCER AND ADMINISTRATION" for full details of
purchaser.
OR
TO:
COMPANY/CLOSE CORPORATION/TRUST/OTHER:___________________________________
(hereinafter referred to as the "PURCHASER")
ENTITY REGISTRATION NO: ___________________________________________________
REGISTERED ADDRESS: ___________________________________________________
TELEPHONE DETAILS: Business: __________________________________________________
Fax: __________________________________________________
Email: __________________________________________________
Cell: __________________________________________________
as chosen domicilium citandi et executandi
herein represented by _______________________________________________________________
Identity Number: ___________________________________________________________________
who hereby warrants that he is duly authorised by resolution of the members/directors of the entity to
act on its behalf, and who hereby binds himself as surety and co-principal debtor in solidum for and
on behalf of the PURCHASER to and in favour of the SELLER and the AUCTIONEER under the
terms and conditions contained in this Offer, and who further binds himself to due performance
hereunder and for all amounts that may be due under this Offer, including damages, arising from
whatever cause, and waives the benefits of division and excussion.
SIGNED AT ___________________________ON THE _______ DAY OF _________________ 2015
AS WITNESSES:
1. ________________________ __________________________________________
PURCHASER
2. ________________________ __________________________________________
PURCHASER
___________________________________________
AUCTIONEER (duly authorised)
ACCEPTANCE AND CONFIRMATION
Accepted by me on this __________ DAY OF_____________________________________ 2015.
AS WITNESSES:
1. ________________________ __________________________________________
SELLER
2. ________________________ __________________________________________
SELLER
3. ________________________ __________________________________________
SELLER
INFORMATION FOR CONVEYANCER AND ADMINISTRATION
PURCHASER SPOUSE/CO-PURCHASER
SURNAME _______________________________________________________
FIRST NAMES _______________________________________________________
MARITAL STATUS _______________________________________________________
(State whether Unmarried, Married in Community of PROPERTY, Married by Antenuptial
Contract, Married in a country other than South Africa)
DATE OF MARRIAGE _______________________________________________________
COUNTRY OF MARRIAGE _______________________________________________________
IDENTITY NUMBER _______________________________________________________
TELEPHONE NUMBER
(H) _______________________________________________________
(W) _______________________________________________________
(FAX) _______________________________________________________
(CELL) _______________________________________________________
EMAIL ADDRESS _______________________________________________________
POSTAL ADDRESS _______________________________________________________
_______________________________________________________
_______________________________________________________
FUTURE ADDRESS _______________________________________________________
_______________________________________________________
_______________________________________________________
INCOME TAX NUMBERS _______________________________________________________
CONDITIONS OF SALE OF IMMOVABLE PROPERTY
SCHEDULE"A"
The following immovable property was / properties were put up for sale by Public
Auction on _______________________ 2015 and sold for the amount of
R______________________________________ (________________________________________)
(Excluding Value Added Tax)
DESCRIPTION: ERF 11295 MOSSEL BAY - 4 MOSSEL STREET, D’ALMEIDA, MOSSEL
BAY
TITLE DEED NO: T123020/1997
IN EXTENT: 8001m²