OFFER TO PURCHASE - EXAMPLE
entered into between
Identity Number :
(hereinafter referred to as the SELLER)
whose address is :
(hereinafter referred to as the PURCHASER)
whose address is :
1. OFFER TO PURCHASE
The PURCHASER hereby offers to purchase the undermentioned property on the terms and
conditions more fully hereinafter set out:
Situate in the City of :
IN EXTENT: ( ) Square Metres.
Street Address :
(hereinafter referred to as the PROPERTY)
2. PURCHASE PRICE
The purchase price is the sum of R ( ) payable as follows:
2.1 A deposit of R ( ) payable by the PURCHASER to the SELLER
with in 7 (seven) working days of signature of this Offer to Purchase to be held in trust by
the SELLER'S attorneys, , in an interest bearing account with the
interest accruing to the PURCHASER, to be released to the SELLER on registration to
2.2 The Balance of the purchase price shall be payable in cash against registration of transfer;
2.3 The PURCHASER shall within seven (7) days after being so requested in writing by the
SELLER, provide a guarantee from a registered financial institution in a form acceptable to
the SELLER for the payment of the balance purchase price referred to in paragraph 2.2
3. COSTS OF TRANSFER
The PURCHASER shall pay all transfer costs incurred in respect of the transfer of the PROPERTY,
including transfer duty, which amount shall be paid immediately upon request of the SELLER'S
Transfer of the PROPERTY shall be passed by the SELLER'S Conveyancer, ,
and shall be given and taken on , or as soon thereafter as is possible.
On possession of the PROPERTY shall pass to the PURCHASER from which date
the PROPERTY shall be at the sole risk, loss or profit of the PURCHASER.
6. RATES AND TAXES
The PURCHASER shall refund to the SELLER a proportionate share of rates and taxes, paid in
advance upon the PROPERTY to the Local Authority beyond the date of possession, as set out in
Clause 5 hereof.
7. OCCUPATIONAL INTEREST
Should transfer be registered after the date of possession, the PURCHASER shall pay
occupational interest at the rate of R ( ) per month, monthly in
advance, from the date of possession to the date of registration of transfer.
The PROPERTY is sold with all fixtures and fittings of a permanent nature.
Save that the SELLER warrants that the PROPERTY will be in the same condition at date of
possession as it is on date hereof, this sale is VOETSTOOTS, and the PROPERTY is sold as
described in the existing title deed or deeds thereof, and is subject to all conditions, servitudes (if
any) attaching or mentioned or referred to in the said title deeds or prior deed.
The SELLER shall not be liable for any defects in the PROPERTY, either latent or patent.
The SELLER shall not be required to indicate to the PURCHASER the position of the beacons or
pegs upon the PROPERTY and/or boundaries thereof, nor shall the SELLER be liable for the costs
of locating same.
10. PAYMENT OF INTEREST
In the event that the PURCHASER fails to effect payment on due date of any amount payable by
him in terms of this Offer to Purchase, then he shall be liable to the SELLER for payment of interest
a tempore morae on such amount calculated from the due date of payment until the date upon
which such amount is paid. For the sake of clarity, it is recorded that the provisions of the
preceding sentence shall apply, inter alia, to the situation where the SELLER tenders transfer of the
property to the PURCHASER in terms of this Offer to Purchase and the PURCHASER fails to take
transfer in terms of such tender.
In the event of the PURCHASER failing to fulfill on due date any of the terms and conditions of this
Offer to Purchase, and failing to rectify such breach within seven (7) days after the date of receipt
by it of written notice from the SELLER calling upon it so to do, the SELLER shall have the right
11.1 to cancel the sale by written notice addressed to the PURCHASER, in which event the
PURCHASER shall forfeit all monies paid to the SELLER or his agent in terms hereof,
without prejudice to the SELLER'S other legal rights and remedies and the right to claim
11.2 to claim immediate payment of the whole of the purchase price and the fulfillment of all the
terms and conditions hereof.
11.3 In the event of a cancellation and the defaulting party is the PURCHASER, then the
PURCHASER shall forfeit all amounts paid in terms of this agreement. Such amounts may
be deducted from any monies held in Trust and be paid to the SELLER as liquidated
damages. The PURCHASER shall vacate the premises and restore vacant occupations to
This Offer to Purchase constitutes the entire Agreement between the parties and no modification,
variation or alteration thereto shall be valid unless in writing and signed by both parties.
Notwithstanding any express or implied provision of this Offer to Purchase 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.
14.1 It is agreed by the parties that their respective addresses, fax numbers and email
addresses herein set out shall be the address to which all notices or other documents may
14.2 It is agreed between the parties that all notices may be delivered by hand or by post, or
delivered by registered post, fax, or email. In the event that notices are delivered by hand,
fax or email, same shall be deemed to be received on the date on which they are sent. In
the event that the notices are forwarded by prepaid registered post, they shall be deemed
to be received 4 days after the posting thereof.
In this Agreement, wording importing the singular shall include and mean the plural and vice versa,
and words importing the masculine gender shall include the female, and words importing persons
shall include bodies corporate.
16. ELECTRICAL COMPLIANCE CERTIFICATE
16.1 The SELLER shall, prior to the date of transfer, have the whole of the electrical installation
of the property examined by an Accredited Person who is registered as such with the
Electrical Contracting Board of South Africa.
16.2 If any fault or defect is detected after an examination by the said Accredited Person which
has to be remedied before the Certificate of Compliance referred to in 3 below can be
furnished, the SELLER undertakes to have those defective parts of the electrical
installation repaired or replaced at its own expense.
16.3 Upon the SELLER furnishing the PURCHASER with a Certificate of Compliance from the
said Accredited Person to the effect that the whole electrical installation complies with the
provisions of Regulation 4(1) of the Electrical Installation Regulations of 1992 and that the
installation is reasonably safe, the PURCHASER shall have no claim whatsoever against
the SELLER and no further liability in this regard shall rest upon the SELLER in respect
17. BEETLE INFESTATION
The SELLER shall at its cost furnish the PURCHASER with a certificate from an entomologist to
the effect that the property is free of infestation by hylotrupes bajulis and oxypleuris nodieri. The
SELLER shall be liable to replace any timber thus infested with pre-treated timber to the
satisfaction of the said entomologist.
18. PERIOD FOR ACCEPTANCE
This Agreement constitutes an offer by the PURCHASER which is open to the acceptance by the
SELLER on or before by signing this agreement and forwarding same to the
offices of .
In the event of PURCHASER or SELLER acting on behalf of a Company, Close Corporation or
Trust, the signatures hereto warrant that they are duly authorized thereto and that they shall be
personally bound in the event of non compliance with any of the obligations in terms of the
This offer is subject to a Financial Institution granting to the PURCHASER, on its normal terms and
conditions, a Bond of not less than R ( ) on
security of the property, confirmation of the grant to be given in writing within 7 (seven) working
days from date of signature hereof or such further period (not exceeding 30 days) as the SELLER
may allow, failing which the sale shall be void.
21. ADDITIONAL CONDITION/S OF SALE
The parties agree that this offer to purchase is subject to a favorable property inspection of the
abovementioned property to the purchasers approval to be conducted at the purchasers expense
to be carried out by Alliance Property Inspections within 72 hours of acceptance hereof.
IN WITNESS WHEREOF the parties have hereunto set their hands in the presence of the undersigned
BY THE SELLER AT ON THIS THE DAY OF 20__
BY THE PURCHASER AT ON THIS THE DAY OF 20__