agreement of sale of immovable property auction - Pam Golding ...

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48.3. If there is more than one Purchaser, their liabilities hereunder shall bejoint and several.9. Voetstoots, Extent and Title Conditions9.1. The property is sold voetstoots, as it stands now and the Purchasershall be deemed, prior to the sale, to have made itself fully acquaintedwith the property and with all its defects, whether latent or patent, andto have purchased the property subject thereto.9.2. The Seller renounces all claims to any excess and neither the Sellernor the auctioneer will be answerable for any deficiency in thedeclared extent of the property and no warranties are given in respectof the boundaries of the property.9.3. The property is sold subject to the terms and conditions andservitudes mentioned or referred to in the current and/or prior titledeeds to the property.9.4. The Purchaser acknowledges that it has not been induced intoentering into this agreement by my express or implied information,statement, advertisement or representation made by the auctioneer orany other person, or by or on behalf of the Seller.10. Fixtures and FittingsThe property is sold with all fixtures and fittings of a permanent naturesituated thereon at the auction date, unless specifically excluded in annexure"B" hereto. Neither the Seller nor the auctioneer makes any warranties as tothe condition of the fixtures and fittings nor their suitability for the Purchaser'spurpose.11. Infestation/Electrical Certificate11.1. The Seller shall have the building on the property inspected by aGovernment approved inspector for infestation by wood destroyingorganisms and shall arrange, where necessary, for the treatment oftimbers so infested, or the replacement thereof by pre-treated timberdepending on the recommendations of the said inspector.11.2. The Seller shall have all electrical installations on the propertyinspected in terms of the Electrical Installations Regulations of 1992and shall arrange where necessary for the repair or replacementthereof in order to obtain such certificate and all costs thereof shall befor the account of the Seller.
12. Auctioneer and Auctioneer's Commission512.1. The Purchaser shall be liable for auctioneers commission of 10% (tenpercent) (plus VAT thereon) of the purchase price, which commissionshall be deemed to have been earned by and shall be payable to theauctioneer immediately upon conclusion of the auction.12.2. Without limiting any right granted to the auctioneer and/or the Seller interms hereof or in terms of any applicable law, should this agreementbe cancelled upon the Purchaser failing to comply with its obligationsherein, the commission shall be forfeited by the Purchaser, and shallnot be refunded to it.12.3. The auctioneer shall not be responsible in any way for any defects orother errors in the description of the property or for any other matterrelating to it.12.4. The auctioneer shall not be responsible in any way whatsoever for thecarrying out of the terms of this agreement by either partynotwithstanding that the auctioneer may assist one or both parties inthe completion of this transaction.13. Company or Close Corporation to be formed13.1. In the event of the Purchaser making this offer in its capacity astrustee for a company or close corporation to be formed and thePurchaser fails within 20 (twenty) days from the signature date, toregister such company or close corporation having as one of itsobjectives the ratification and adoption of this agreement, or suchcompany or close corporation fails to adopt or ratify this agreementwithin 7 (seven) days after date of its incorporation, then in such eventthe Purchaser shall be deemed to have entered into this agreement inits personal capacity and to have acquired all the rights andobligations of the Purchaser under this agreement.13.2. In the event of such company or close corporation being registeredand duly adopting or ratifying this agreement then the Purchaser by itssignature hereunder, shall be deemed to bind itself to the Seller assurety and co-principal debtor in solidum with such company or closecorporation for the due performance by it as Purchaser of the terms,conditions and obligations arising out of this agreement.14. Companies, Close Corporations or Trusts
Page 1 and 2: Suite A101, Cape Quarter, 72 Waterk
Page 3: 35.1. Transfer of the property shal
Page 7 and 8: 16. Sold Board7The auctioneer will
Page 9 and 10: 922.1.1. to cancel this agreement,
Page 11 and 12: 1124.11. Any reference to an enactm
Page 13 and 14: 13ANNEXURE "A"The following informa
Page 15 and 16: SELLER15Full Name(s):______________
Page 17 and 18: 17ANNEXURE "B"The following list de

agreement of sale of immovable property auction - Pam Golding ...

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