The sale of land generally includes devices and fittings. These are objects that are permanently attached to the structures or buildings of the countryside. In determining whether an object is a device and/or adaptation, three aspects should be considered: the object of destination or the type of object to which it was attached, the manner in which an object was attached, and the intention of the owner when placing the object. There are some ambiguous areas, namely structures such as sheds and wendy houses, objects used in combination with a device, such as garage door remotes and batteries for solar installations. If the buyer wishes to include this type of item in the sale, the clause that defines it must be as specific as possible. It is difficult to impose oral agreements in this regard. In today`s modern world, where most people have access to the Internet, it is easy to get a template for a real estate sales contract. However, certain legislative provisions must be respected in order for the agreement between the parties to be valid and binding. If you use any of these agreements, you must ensure that the document complies with South African law. A suspensive condition is an essential concept and must therefore be set out in writing and clearly in order to avoid any uncertainty. The sale, under the authority of the buyer who manages a mortgage, is a standard carry-over condition. If the event does not occur, i.e.
the buyer does not obtain a loan authorization, no agreement is reached. The method of payment of the purchase price must be clearly defined, as this is an essential clause. In a pre-printed agreement, all unsuperated options must be removed, as a default can nullify the agreement. Parties must determine whether a down payment is payable and when it is payable. If the buyer needs mortgage financing to purchase the property, the amount required and the date on which the financing must be approved must be clearly defined. If these data or periods are not included in the agreement, the agreement is not applicable. If you have any doubts about the validity and commitment of your agreement, contact a real estate lawyer to point you in the right direction. It is important to ensure that all areas of the agreement are filled or barred. If there is no consensus among the parties on what has not been fulfilled, there is no agreement.
At least the contract must contain a description of the seller and buyer, a description of the property for sale and the purchase price. These are known as the essential conditions of the agreement. But this is not the end.