UPON which J J Hofmeyr and Son c.c., acting on behalf of Estate Late Colleen Lisle,
(herein after referred as the Seller), intend to offer at Public Auction and sell,
the double storey residence, known as
5 PITLOCHRY ROAD, CAMPS BAY
and more fully described as:
Erf: 1325 CAMPS BAY
In extent: 882 square metres
Held by Deed of Transfer T37726/1992
- The sale shall be by the rise. The Seller reserves the right of declining to sell to the highest or any bidder.
- If any dispute arises between bidders the decision of the Auctioneer shall be final and binding as between such bidders.
- If the Auctioneer commits any mistake the same shall not be binding, but shall be rectified immediately.
- The registered owner will not benefit by any surplus in extent nor be answerable for any possible deficiency in extent and sells subject to the registered title and diagram. The Seller shall not be liable or responsible to indicate existing boundaries or beacons.
- The property is sold "Voetstoots" and the seller shall not be liable for any latent or patent defects in the property sold.
- The Purchaser warrants that the seller has not made any representation or given any warranty express or implied in connection with the said property, and he chooses DOMICILIUM CITANDI ET EXECUTANDI at the address herein set out.
- Possession subject to any lease or occupation shall be given on transfer from which date all revenue accruing from and expenditure in respect of the property shall be for the account of the purchaser. The Purchaser shall insure the property comprehensively and cede the policy to the Seller whereupon the risk shall pass.
- The Purchase money shall be paid as follows:
10% thereof to the Auctioneer for account of the Seller on the day of the sale, and the balance to the Seller or his attorney against registration of transfer, with interest thereon (at 10% per annum) from the date of possession to the date of transfer.
If required by the seller, the Purchaser shall furnish an undertaking by a bank within fourteen days of confirmation of the sale for the payment of the balance of the purchase price together with interest free of exchange in Cape Town.
- The Purchaser shall be bound on request to pay:
- (a) Survey charges, if any,
- (b) Transfer duty
- (c) Auctioneer's Commission, 3.5%, excluding vat
- (d) Costs attending the giving of transfer,
- (e) Road Construction, drainage installation, beetle, electrical, gas and plumbing certification, charges if any.
- The Purchaser shall be liable for a proportionate share of all rates and taxes reckoned from the date of possession.
- On due payment of the purchase price, interest and costs abovementioned, transfer shall be given in due form by the Seller's attorney, and shall be so accepted by the Purchaser.
- The Purchaser shall sign the Conditions of Sale on the spot, and if required shall provide a surety or sureties to the Seller's satisfaction, such surety to sign at the time of purchase or any time thereafter.
- If the Purchaser neglects or refuses to sign the Conditions of Sale on request of the Auctioneer, or fails to provide forthwith the surety/sureties aforesaid, the Seller may at his option then or so soon as convenient, sell the property at the expense or risk of the defaulter who shall submit himself to any loss thereby occasioned without benefiting by any eventual profit thereon.
- Transfer shall be given and taken forthwith.
- In the event of the property being purchased by a person acting as Trustee on behalf of a Company or Close Corporation or Trust about to be formed and the Company or Close Corporation or Trust is not registered or fails to take transfer of the property for any reason, within two months from the date of sale, the person so acting shall thereupon be bound to take transfer of the property in his/her name and to fulfil all the obligations of the Purchaser under these Conditions of Sale.
- This sale is subject to confirmation by the Seller to the Auctioneer by not later than:
3 pm on Wednesday 20 March 2019
- Until such time as the Seller confirms that such certificate has been obtained the Purchaser shall be held bound under all conditions of sale and shall not be entitled to resile from this agreement of purchase and sale.
- The seller shall be liable to pay the auctioneer's commission at the rate of 5% + VAT of the selling price against registration of transfer.
If the purchaser fails to comply with the aforegoing conditions of sale in every respect, the seller shall have the right to require the purchaser to rectify the breach by fully complying with these conditions of sale, and failing such compliance within 7 (seven) days after delivery of the seller's written notice, the seller shall, in addition to the right to claim all damages suffered in consequence of the purchaser's breach, be entitled to either enforce this agreement, alternatively to cancel the same by written notice and to institute proceedings for the eviction of the purchaser and of any persons in occupation of the property by virtue of the purchaser's possession or former possession thereof; all such actions to be at the cost and expense of the purchaser on the scale as between attorney-and-client. In the event of the seller electing to cancel this agreement and re-selling the property to another purchaser such resale shall be at the risk and expense of the purchaser who shall submit himself to all loss and cost thereby occasioned without benefitting from any eventual profit on such a resale and any payments made by the purchaser shall be retained by the seller on account of such loss and/or cost in part.
Deed of transfer