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TS / cs / Ontwikkelings / The Brink - Deed of Sale / Amended Final Draft / 30.05.2007
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CONTENTS
SCHEDULE 1. DEFINITIONS 3 2. SALE 4 LIST OF ANNEXURES 4
TERMS AND CONDITIONS 3. PRE-AMBLE 6 4. DEFINITIONS 6 5. PURCHASE AND SALE 7 6. PURCHASE PRICE AND PAYMENT 7 7. INTEREST – LATE PAYMENT OR DELAY IN TRANSFER 8 8. OCCUPATION & POSSESSION 9 9. LEVIES PAYABLE DIRECT TO LOCAL AUTHORITY 9 10. SERVICE CONNECTION FEES 9 11. RISK 9 12 VOETSTOOTS 9 13. POSITION AND EXTENT OF PROPERTY 10 14. CONDITION OF PROPERTY 10 15. SURVEYOR'S PEGS 10 16. NO IMPROVEMENTS PRIOR TO TRANSFER 11 17. TRANSFER 11 18. BROKERAGE 11 19. BREACH BY PURCHASER 11 20. DOMICILIA AND NOTICES 12 21. TRANSFER COST 12 22. GENERAL 12 23. SELLER'S RIGHT OF ACCESS 13 24. SEVERABILITY 13 25. NATURE OF TOWNSHIP 13 26. BOREHOLES 16 27. JOINT PURCHASERS 16 28. CO-OPERATION 16 29. JURISDICTION 16 30. OFFER 16 31. COMPANY, CLOSE CORPORATION TO BE FORMED 17 32. COMPANY, CLOSE CORPORATION, TRUST – FORMED 17 33. NOMINATION 17 34. CANCELLATION OF EXISTING SERVITUDE 18
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SCHEDULE
1. DEFINITIONS
Unless inconsistent with the context, words and phrases shall have the meanings set out as
follows:-
1.1 Seller: THE BRINK DEVELOPMENT (PTY) LTD t/a The Brink
Registration Number: 1996/001863/07
Herein represented by MARGARET ANNE SHANKLAND in her capacity as
chief executive officer
Address: c/o Millers Inc, Beacon House, 123 Meade St, George
Telephone: (044) 874-1140
Telefax: (044) 873-4848
E-mail: [email protected]
Ref: T. Snyman
1.2 Purchaser(s)
Name:
(If Entity: Herein Represented by:) (Duly Authorised)
ID / Reg. No.:
Marital Status
Address
Telephone (w) (h)
Cell No.
Fax
ANC C of P
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1.3 Property:
Stand No being Erf _________, situate on ERF 1550, HEROLDS BAY
Measuring:_______________________ square meters
1.4 Purchase Price: Deposit (10%) R
(Payable within 7 days of signature)
Balance R
(Payable on Transfer)
Total R
(Inc. of VAT) ======================
1.5 Loan Amount: R
1.6 Name of Lending Institution: ________________________________________________
1.7 Date of approval of loan: Within 14 (Fourteen) business days of signature hereof;
1.8 Occupation Date: Date of registration of transfer into name of Purchaser;
1.9 Selling Agent: ___________________________________________________
1.10 Seller's Attorneys: Millers Inc., Beacon House, 123 Meade Street, GEORGE.
Ref: Trevor Snyman Tel: (044) 874 1140
(Note that the Attorneys are on the panels of ABSA, FNB, Nedbank, Standard
Bank, Investeq)
1.11 Seller’s Architects: Africa Consulting Architects, 167 Bree St, CAPE TOWN
Ref: Jannie Laubser Tel: (021) 426 2688
2. SALE
The Seller hereby sells and the Purchaser hereby purchases the Property subject to the
Terms and Conditions of Sale hereunder (pages 6 to18) together with the Annexures A
through D:
Annexure A Layout Plan of The Brink – Erf 1550 Herold's Bay
Annexure B The Brink Home Owners Constitution
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Annexure C The Brink Estate Rules
Annexure D Architectural Guideline
The parties record that Annexures “B” to “D’” have been presented to the Purchaser in
Compact Disc (CD) format, and have been accepted by the Purchaser. The parties further
agree that the said Annexures in CD format shall form an integral part of this Agrement, and
shall at all times be regarded as a material part hereof. The parties further record that all of
the Annexures are available on the website of the development, being
www.thebrink.co.za/downloads.
SIGNED at on the _____ day of 2007. AS WITNESSES : 1. PURCHASER 2.
SPOUSE SIGNED at on the _____ day of 2007. AS WITNESSES : 1. 2.
FOR: SELLER
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TERMS and CONDITIONS
3. PRE-AMBLE
3.1 It is recorded that The Brink Development (Proprietary) Limited is the registered owner of Erf 1550,
Herolds Bay.
3.2 The Brink Development (Proprietary) Limited has received approval to rezone Erf 1550, Herolds Bay
and to establish a township on the land to be known as The Brink, or such other name as may be
determined.
4. DEFINITIONS 4.1 Unless the context clearly indicates otherwise, the following words, names or expressions shall have
the following meanings in this document:
4.1.1 “Business day” is any day other than a Saturday, Sunday or Public
Holiday;
4.1.2 “Conditions of
Establishment" are the conditions relating to the establishment of the
township, to be developed on Farm 358, George, which are
to be issued by the local authority;
4.1.3 "Director" is the term used as a convenient reference to the Chief
Executive Officer, Department of Development Planning
and Local Government, Western Cape Province;
4.1.4 “Homeowners Association” means The Brink Homeowners Association;
4.1.5 "Local authority" is the George Municipality;
4.1.6 "Occupation date" is the date upon which the property is registered in the
name of the purchaser, from which date the right to occupy
and possess the property, as contemplated in clause 7
hereof, will vest in the purchaser. Every reference in this
agreement to the "occupation date" will be a reference to
the said date whether or not the purchaser actually takes
occupation of the property on that date;
4.1.7 "Ordinance" is the Land Use Planning Ordinance (Cape Province)
No.15 of 1985 (as amended from time to time);
4.1.8 “Property” is the Property being sold in terms of this Agreement and
as set out in clause 1.3 of the Schedule;
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4.1.9 "Purchaser" is the party indicated as such in clause 1.2 of the Schedule;
4.1.10 "Registrar of Deeds" is the Registrar of Deeds, Cape Town and the "Deeds
Office" is the Deeds Office in respect of which the said
Registrar of Deeds has jurisdiction;
4.1.11 "Seller" is the party indicated as such in clause 1.1 of the Schedule;
4.1.12 "Town" or "Township" is the township developed on Erf 1550, Herolds Bay as will
more fully appear from the attached Layout Plan marked
Annexure “A” to this Agreement;
4.1.13 "Transfer" means registration of transfer of the property in the
purchaser's name.
4.2 In this Agreement, words importing the singular shall include the plural and vice versa, words
importing the masculine gender shall include females and words importing persons shall include
partnerships and bodies corporate and vice versa.
4.3 The head notes to the paragraphs to this Agreement are inserted for reference purposes only and
shall not affect the interpretation of any of the provisions to which they relate.
4.4 This Agreement shall be binding on the estates, heirs, executors, administrators, liquidators, trustees
or assigns of the parties as fully and effectually as if they had signed this Agreement in the first
instance and reference to any party shall be deemed to include such party's estate, heirs, executors,
administrators, trustees, assigns or liquidators, as the case may be.
4.5 If any provision in a definition in this Agreement is a substantive provision conferring rights or
imposing obligations on any parties, notwithstanding that it is only in the definition (interpretation)
clause of this Agreement, effect shall be given to it as if it were a substantive provision in the body of
the Agreement.
4.6 The Schedule and the annexures hereto are deemed to be incorporated in and form part of this
Agreement.
4.7 Words or expressions defined in the Act shall have the meanings therein defined.
5. PURCHASE AND SALE
The Seller hereby sells the Property to the Purchaser, who purchases it, subject to:
5.1 the provisions contained or referred to in this document;
5.2 the conditions of title contained in the title deed/s of the township land referred to in clause 1.3, duly
amended in terms of any relevant provision of the conditions of establishment; and
5.3 the provisions of the existing town planning scheme.
6. PURCHASE PRICE & PAYMENT
6.1 The purchase price of the property is the amount stipulated in clause 1.4 of the Schedule.
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6.2 The deposit is payable in cash on or before the date entered in clause 1.4 to the Seller's attorneys
and will be invested in an interest bearing Client Trust account, which interest will accrue to the
Purchaser. The deposit will be paid to the Seller on registration of transfer.
6.3 If the Purchaser intends to borrow all or part of the Balance of the Purchase Price,
6.3.1 the Purchaser shall within 14 (Fourteen) business days of signature of the Agreement of
Sale, provide the Seller's attorneys with satisfactory evidence of approval of a mortgage or
commercial loan from a South African bank for the full amount to be borrowed as set out in
clause 1.5 of the Schedule; and
6.3.2 The Purchaser shall subsequently provide the Seller's attorneys with an irrevocable
guarantee for payment of the loan amount of the Purchase Price issued by a registered
South African financial institution and in terms acceptable to the Seller's Attorneys not less
than 60 (sixty) days prior to the date of registration of transfer.
6.4 It is recorded that the provisions of clause 6.3 hereof constitutes a suspensive condition in favour of
the Purchaser, and that should it not be fulfilled or waived in the time limit set out therein, then this
Agreement shall ab initio be null and void.
6.5 If the Purchaser intends to pay part or all of the balance of the Purchase Price in cash, the Purchaser
shall provide the Seller’s attorneys with an irrevocable guarantee for payment of the cash balance of
the Purchase Price within 14 (Fourteen) days of signature of this Agreement, issued by a registered
South African financial institution and in terms acceptable to the Seller’s attorneys.
6.6 It is recorded that the Purchase Price is inclusive of VAT at 14%. In the event of there being any
variation in the rate of VAT payable by the Seller, the Purchase Price shall increase or decrease
accordingly.
6.7 All or any payments towards the Purchase price and related costs shall be effected by the Purchaser
to the Seller's attorneys free of exchange without deduction or set-off.
6.8 This agreement constitutes the necessary authority by the Purchaser to the Seller's Attorneys to
invest any and all amount s received by the Seller's Attorneys on account of the purchase price in a
Client Trust account in accordance with the provisions of the Attorneys Act.
7. INTEREST – LATE PAYMENT OR DELAY IN TRANSFER 7.1 Without prejudice to, but in addition to any other rights which the Seller then may have, the Seller will
be entitled to payment of interest by the Purchaser on all amounts due in terms of this Agreement, but
which are in arrear. Such interest will be calculated at a rate equal to the prime rate of interest
charged from time to time by Standard Bank of South Africa Limited on unsecured overdrafts to its
most favoured customers, plus 2% (two percent). A certificate signed by any manager of any branch
of the said bank will be prima facie evidence of the said interest rate and the person purporting to
issue the certificate will not have to prove his office as such. The purpose of this clause is not to give
the Purchaser a right to postpone any payment.
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7.2 Should the transfer be delayed by the Purchaser's fault then without prejudice to the Seller’s other
rights, the Seller will be entitled to payment of interest on the unpaid portion of the purchase price at
the rate stipulated in clause 7.1 for the period of the delay. The purpose of this clause is not to give
the Purchaser a right to delay the transfer.
8. OCCUPATION & POSSESSION
The right to occupy and possess the property will pass to the Purchaser on the occupation date
defined in clause 1.8 above.
9. LEVIES PAYABLE DIRECT TO LOCAL AUTHORITY
9.1 As from the date of transfer the Purchaser will become liable for payment of municipal rates and taxes
and all other amounts which may be levied directly on owners by the Local or any other competent
Authority in respect of the Property; provided that if the transfer is delayed due to the Purchaser's
fault, the Purchaser's liability to pay the said amounts shall arise on the date on which the transfer
would have been registered but for the delay caused by the Purchaser.
9.2 The Purchaser shall pay the said levies directly to the Local or other Authority making the levy.
9.3 Should any new levy or form of taxation be imposed in respect of the Property by the Local Authority
or any other competent authority after the date of this Agreement, the Purchaser shall likewise be
liable for the payment thereof from the transfer date, which payment will be made direct to the
relevant Local or other Authority. The Purchaser shall be liable for payment of any Value Added Tax
which may be levied in respect of any of the said amounts which the Purchaser is liable to pay.
10. SERVICE CONNECTION FEES
The Purchaser is obliged to pay all amounts (plus Value Added Tax thereon) which are or may
become payable in order to procure the connection of the improvements to be erected on the
Property to the services (such as, but not limited to water, electricity, sewerage, telephone and the
like) supplied by the Local or any other Authority at the nearest supply point to the Property.
11. RISK
The risk of profit and loss relating to the property will vest in the purchaser as from the date of
transfer.
12. VOETSTOOTS
The property is sold voetstoots and the seller is not liable for any latent defects in or relating to it or for
any loss caused directly or indirectly by such defects.
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13. POSITION AND EXTENT OF THE PROPERTY
13.1 The Seller records that the shape and the position and/or extent of the properties are indicated on the
draft Layout Plan, attached hereto and marked “A”.
13.2 If on a resurvey of the properties their precise shape, position or extent differs from that indicated on
the said general plans, the Purchaser will not be entitled by virtue thereof to cancel this agreement or
to claim any amount of money from the Seller, whether by way of a reduction in purchase price or as
damages or otherwise, provided that such variation shall not exceed 5% (five per centum) of the
extent set out in clause 1.3 above.
14. CONDITION OF THE PROPERTY
14.1 The Property is sold in its present condition provided the Seller will not be liable for any change in the
Property's condition which may occur or be caused after the date of this Agreement, whether due to
normal wear and tear or to erosion, climatic conditions or otherwise.
14.2 The parties agree that the Seller will not be liable for any damage caused to the Property due to the
installation of the normal infrastructural services such as roads, kerb stones, sewerage works,
electricity, water provisions, storm water drainage and the like. The Purchaser accepts that the said
activities will give rise to a certain degree of damage to the land and vegetation even if any
infrastructural service is not placed or conducted directly over or under the property hereby sold.
14.3 As from the occupation date, the Purchaser is obliged at his own expense to keep the property neat
and free of rubbish and excessive weeds and similar vegetation. The Seller may enforce this
obligation against the Purchaser. The Purchaser will be liable at its own expense to remove any
building rubble or similar material which may at any time (even before the occupation date) be
dumped on the property. Furthermore, from the Occupation Date the Purchaser is obliged at his own
expense to comply with all provisions of the Local or any other competent Authority which relate to
the condition or neatness of the Property, whether such provisions exists now or may be imposed
hereafter. The Purchaser may not effect any improvements to or alter the nature of the Property prior
to transfer.
14.4 The relevant provisions of clause 14.1 and 14.2 are stipulations in favour of The Brink Home Owner's
Association.
15. SURVEYOR’S PEGS
The Purchaser acknowledges that the Seller has pointed out the surveyor's pegs which constitute the
corners of the Property to the Purchaser and agrees that the Seller will not be liable to do so again.
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16. NO IMPROVEMENTS PRIOR TO TRANSFER
Prior to the date of transfer the Purchaser shall not, without the Seller's prior written consent, be
entitled to erect any building or other structure on the Property whether or not such building or other
structure is of a permanent nature, nor will the Purchaser be entitled to dig foundations or otherwise
prepare the Property for building. The Seller will not be entitled to unreasonably withhold its consent
to such a request by the Purchaser but in granting any consent reasonably sought, will be entitled to
grant it subject to such reasonable provisions as the Seller may in its discretion deem fit.
17. TRANSFER
17.1 The Seller's Attorneys will attend to the registration of transfer of ownership of the Property in the
Purchaser's name. The said registration will be attended to as soon as the full Purchase Price has
been paid or a bankers' guarantee has been furnished for the full Purchase Price or balance thereof
and the transfer costs and all other amounts due by the Purchaser in terms of this Agreement, have
been paid.
17.2 By not later than 7 (seven) days after being requested to do so by the Seller's attorneys, the
Purchaser is obliged to sign all documents required to effect registration of transfer of ownership of
the Property into his name.
18. BROKERAGE The parties hereto acknowledge that the Selling Agent was the effective cause of this sale and the
Purchaser warrants that he was not introduced to the Property by any other agent. The Seller shall be
liable to pay any and all brokerage due to the Selling Agent.
19. BREACH BY PURCHASER 19.1 If the Purchaser is in breach of this agreement, the Seller shall serve notice in writing permitting the
Purchaser 7 (Seven) business days to make good the breach failing which the Seller shall thereafter
be entitled, but not obliged, without prejudice to any other rights or remedies which the Seller may
have in law, including the right to claim damages:
19.1.1 To hold the Purchaser bound to this agreement, and to enforce performance of the
obligations of the Purchaser; or
19.1.2 To cancel this agreement forthwith and to receive and retain the Deposit and Interest
accrued which the Purchaser shall forfeit on account of liquidated damages in the
said deposit;
19.2 Should the Seller take steps against the Purchaser pursuant to a breach by the Purchaser, then
without prejudice to any other rights that the Seller may have, the Seller shall be entitled to recover
from the Purchaser:
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19.2.1 all legal costs incurred by it including attorney and own client charges, tracing fees
and such collection commission as the Seller is obliged to pay to its attorneys;
19.2.2 interest on all amounts outstanding from time to time under the Sale Agreement at a
rate equal to 3% (three per centum) above the prime rate. In the event that interest
is payable, all amounts paid by the Purchaser to the Seller shall be allocated firstly to
interest and thereafter to the principal amounts due;
20. DOMICILIA AND NOTICES 20.1 The Parties hereby choose domicilia citandi et executandi for all purposes under this agreement at their
respective addresses entered in clause 1 hereof;
20.2 Any notice to any Party shall be addressed to it at its domicilium and sent by registered post,
delivered by hand or transmitted by fax.
20.3 A notice, which is sent by registered post in a correctly addressed envelope to the address specified
above, will be deemed to have been received (unless the contrary is proved) within 7 (Seven) days
from the date it was posted.
20.4 A notice delivered by hand to a responsible person during ordinary business hours at the above
address, will be deemed to have been received on the day of delivery, failing which it will be deemed
to have been received on the first following business day;
20.5 A fax sent to the specified fax number will be deemed, unless the contrary is proved, to have been
received within 4 (four) hours of transmission if it is transmitted during normal business hours or by
no later than 13h00 on the first business day after it is transmitted if it is transmitted outside normal
business hours.
21. TRANSFER COSTS
The Purchaser shall pay the costs of the Seller's Attorneys of and incidental to the registration of
transfer and disbursements necessary to effect registration together with the applicable Value Added
Tax thereon forthwith upon being called upon to do so by the Seller's Attorneys.
22. GENERAL 22.1 Whole agreement
This document contains the whole agreement between the parties and there are no prior or parallel
agreements between them.
22.2 Warranties and/or Representations
No warranty has been given or representation made by or on behalf of the Seller which induced the
Purchaser to enter into this Agreement. It is specifically agreed that no representation, made by any
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estate agent in respect of the property or any other aspect of this Agreement will be binding on the
Seller.
22.3 Writing
No alteration, addition, deletion or consensual cancellation of or to this Agreement nor the waiver of
any right will be of any force unless reduced to writing and signed by the Seller and the Purchaser.
22.4 Indulgence
No indulgence granted by the Seller in respect of the performance by the Purchaser of any obligation
undertaken in terms of this Agreement will novate the Agreement or prejudice the Seller's rights in
any manner.
23. SELLER’S RIGHT OF ACCESS
The Seller and/or its authorised agent(s) and/or contractors shall at all times have the right to enter
upon the Property for the purpose of inspection and to conduct such work and to make such
excavations and to temporarily deposit such material as the Seller may determine or require for all
purposes in connection with the installation of services or otherwise.
24. SEVERABILITY
Every paragraph and every clause contained in this document is severable from every other
paragraph and/or clause and should any paragraph or clause (or part hereof) be void or voidable it
will be regarded as pro non scripto and the rest of the agreement will remain of force.
25. NATURE OF TOWNSHIP 25.1 It is recorded that the Property is zoned as residential. The Purchaser agrees not to apply for the
subdivision of the property or its rezoning or to obtain consent use from the Local Authority.
25.2 Homeowners Association (called the HOA in this clause)
25.2.1 The Purchaser acknowledges that he is aware that upon registration of the Property into its
name, he will automatically become a member of The Brink Homeowners’ Association
(hereinafter referred to as the “Homeowners’ Association”) and be bound to the provisions
of the Constitution of the Homeowners’ Association, including any amendments and/or
additions thereto and/or any new Constitution in substitution thereof, and any rules made in
terms thereof.
25.2.2 The Purchaser acknowledges that it has received from the Seller a copy of the current
Constitution of the Homeowners’ Association and, for the benefit of the said Homeowners’
Association, agrees to be bound thereby from the date of its occupation of the Property.
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25.2.3 The Seller shall be entitled to procure that, in addition to all other conditions of title, the
following conditions of title are inserted in the title deed in terms of which the Purchaser
shall hold the Property after registration of transfer of the Property into the name of the
Purchaser :
(i) “Every owner of the Property, or owner of any subdivision thereof, or owner of any unit
thereon shall automatically become and shall remain a member of The Brink
Homeowners’ Association (“the Homeowners’ Association”) and be subject to its
Constitution until he ceases to be an owner as aforesaid.
Neither the Property, nor any subdivision thereof, nor any unit thereon, shall be
transferred to any person who has not bound himself to the satisfaction of the
Homeowners’ Association to become a member of the Homeowners’ Association.
The owner of the Property, or owner of any subdivision thereof, or any unit thereon, shall
not be entitled to transfer the Property or any subdivision thereof, or any interest therein,
or any unit thereon, without a clearance certificate from the Homeowners’ Association
that the provisions of the Constitution of the Homeowners’ Association have been
complied with and that the Transferee has bound himself to the satisfaction of the
Homeowners' Association to become a member of the Homeowners' Association.
For purposes of the aforegoing any reference to “owner” shall also include a
homeowners’ association or a body corporate which may come into being in the case of
a subdivision of the Property or the opening of a sectional title register in respect of the
Property, as the case may be.”
(ii) The Seller, and it's shareholders, shall retain the right of habitatio in respect of the two
dwellings situated at the beach (Dollieskraal) and at Sandgate, respectively, and this
right of habitatio can be registered against the title deed in respect of the remainder of
the property at the election of the Seller. In respect of this right of habitation the
following provisions will apply:
(a) The Seller shall be responsible for the maintenance and upkeep of the road leading
down to the respective dwellings and the Homeowners' Association will not be
obliged to contribute to this maintenance and upkeep in any manner whatsoever;
(b) A right of way will be registered in favour of the Seller and it's shareholders and will
be registered against the title deed of the remainder of the property at the election of
the Seller;
(c) Neither the Homeowners' Association, nor any of it's members, shall have any right
of access by vehicle and is it specifically provided that only the Seller and it's
shareholders shall have the right of vehicular access along the servitude and right of
way to be registered;
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(d) The Homeowners' Association and it's members will however have a right of
pedestrian access to the beach and Sandgate.
(e) The Homeowners' Association and it's members consent to a closure of the ring road
by way of bollards on either side of Erf 1539 and Erf 1540 Herolds Bay as indicated
on the development plan.
The rights in favour of the Seller, and/or the Homeowners' Association and it's
members, as set out in this paragraph are entrenched and may not, notwithstanding
any provisions to the contrary, be amended, deleted or substituted."
25.2.4. No improvement of any nature may be effected on the erf without the prior written approval
of the Association or its nominee and any building plans in respect of any improvement to
be erected on the erf shall be subject to the prior written approval of the Association or its
nominee. Such approval will be required without limitation for all external finishes including
materials and colours for all walls, roofs and windows.
25.2.5 The member undertakes to commence with the erection of buildings on the property to the
reasonable satisfaction of the Association within 4 (four) years of registration of the property
into his name or within such extended period as the Association at its sole discretion may
allow in writing, failing which the Association shall be entitled (but not obliged) to claim that
the property be retransferred to the Association at the cost of the member against payment
by the Association of the original purchase price to the member, without interest. The
buildings shall be completed within 12 (twelve) months of commencement.
25.2.6 In the event of a property being retransferred to the Association in terms of clause 25.2.5
and/or the title deed of the property, the property so retransferred shall be sold by the
Association by way of a public auction, which auction shall be advertised in an Afrikaans
and English newspaper which circulates in the George area and the size of the
advertisement shall not be less than 100mm x 120mm. The auction sale shall also be
advertised in the newsletter circulated within The Brink.
25.2.7 The purchaser who acquires a property from the Association in terms of an auction referred
to in clause 25.2.3 above must commence with and complete all building operations within
a period of 1 year of registration of transfer into the name of the purchaser.
25.2.8 Should the purchaser who acquires a property in terms of clause 25.2.3 above not
commence with and complete all building operations to the satisfaction of the Association
within 1 year of registration of transfer of the property into the purchaser’s name, the
Association shall claim that the property be retransferred to the Association at half of the
purchase price paid for the property so purchased on auction.
25.2.9 In the event of the Registrar of Deeds requiring the amendment of any of the above
conditions in any manner in order to effect registration of same, the purchaser hereby
agrees to such amendment.
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25.2.10 In the event of the Registrar of Deeds requiring the title conditions set forth in clause 25.2.3
above to be amended in any manner in order to affect registration of same, the Purchaser
hereby agrees to such amendment.
25.2.11 The Purchaser also acknowledges that it is aware that as a member of the Homeowners’
Association it shall with effect from the date of transfer be responsible and liable for
payment of a monthly levy to the Homeowners’ Association and, furthermore, that the
Purchaser shall upon written request reimburse the Seller in respect of the monthly levy, if
any, paid by the Seller to the Homeowners’ Association for any period reckoned from the
date of occupation.
26. BOREHOLES
The Purchaser shall not be entitled to drill any boreholes on the properties hereby sold.
27. JOINT PURCHASERS
Insofar as there may be more than one Purchaser of the Property sold under this Agreement of Sale,
the liability of each of the Purchasers shall be joint and several and in solidum.
28. CO-OPERATION
The Parties undertake to sign all such documents and to do such other things as shall be necessary
or requisite to give proper and due effect to the terms the Sale Agreement or any matter arising
therefrom;
29. JURISDICTION
For the purposes of all or any proceedings hereunder the Parties consent to the jurisdiction of the
Magistrate's Court, notwithstanding that such proceedings would otherwise be beyond the jurisdiction
of such Court. This clause shall be deemed to constitute the required written consent conferring the
jurisdiction upon the said Court pursuant to Section 45 of the Magistrate's Court Act of 1944 or any
amendment or re-enactment thereof, provided that either party shall have the right in its sole option
and discretion to institute proceedings in any other Court of competent jurisdiction.
30. OFFER
This Agreement, once signed by the Purchaser, shall be regarded as an offer by the Purchaser and
shall be irrevocable and open to acceptance by the Seller within a period of 30 (Thirty) days from date
of signature by the Purchaser and shall not be capable of being withdrawn by him during the said
period;
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31. COMPANY, CLOSE CORPORATION TO BE FORMED 31.1 In the event of the Purchaser being a Company or a Close Corporation to be formed, the signatory for
the Purchaser shall be personally liable for all the obligations of the Purchaser as though he
contracted in his personal capacity if:
31.1.1 the Company or Close Corporation is not formed within 45 (forty five) days from the
date of signature of the Sale Agreement; and
31.1.2 the Company or Close Corporation having been formed, fails to adopt and ratify
unconditionally this transaction without modification within 7 (Seven) days of date of
incorporation.
31.2 Upon timeous formation of the Company, Close Corporation and due and timeous ratification and
adoption of this transaction, the said signatory shall become and be liable to the Seller as surety for
and co-principal debtor with the Company, Close Corporation for its obligations as Purchaser under
the terms of the Sale Agreement under renunciation of the benefits of excussion and division.
32. COMPANY, CLOSE CORPORATION, TRUST – FORMED
In the event of the Purchaser being a Company or a Close Corporation or The Trustees for the time
being of a Trust, the signatory for the Purchaser by his signature hereto binds himself to the Seller as
surety and co-principal debtor in solidum for the Purchaser under renunciation of the benefits of
excussion and division for the performance by the Purchaser of all the Purchaser's obligations in
terms of this Agreement.
33. NOMINATION
33.1 If the Signatory reserves the right to nominate a Purchaser, he shall be entitled to nominate any third
party to be the Purchaser provided that such nomination:
33.1.1 is made by no later than midnight on the date of signature hereof;
33.1.2 be made in a form of written notice and acceptance delivered to, and to the
satisfaction of, the Seller;
33.2 Should the Purchaser validly nominate a nominee in terms of the aforegoing then:
33.2.1 all reference to the Purchaser in this Agreement shall be deemed to be a reference to
such nominee, save that there shall be no further right of nomination;
33.2.2 all rights of the original Purchaser (the signatory to this Agreement as Purchaser) in
and to the deposit and all other monies paid in terms hereof shall be deemed to be
ceded to the nominee;
33.2.3 the original Purchaser shall be liable in solidum with the Purchaser (his nominee) as
surety and co-principal debtor, under renunciation of the benefits of excussion and
division, for all the obligations of the Purchaser (the nominee) to the Seller arising out
of or in connection with this Agreement.
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33.3 Should the Purchaser fail to nominate a Purchaser within the permitted time, he shall not thereafter
be entitled to nominate a Purchaser but shall thereafter be bound to perform all the obligations of the
Purchaser.
34. CANCELLATION OF EXISTING SERVITUDE
The Seller records that Erf 1550 Herolds Bay is currently subject to a Servitude Right of Way, 9,45
meters wide in favour of certain property registered in name of Oubaai Golf Estate (Pty) Ltd,
registered under No K243/2003S in the Deeds Office at Cape Town, and that this servitude may be
cancelled in future and substituted with another servitude of similar nature, also in favour of Oubaai
Golf Estate (Pty) Ltd.
The Seller however warrants that the said re-negotiated Servitude Right of Way in favour of Oubaai
Golf Estate (Pty) Ltd shall in no way whatsoever adversely affect the rights of the Purchaser or the
Property hereby purchased.