We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 15
Seller/s:
Purchaser/s:
Property:
Listing agent:
Selling agent:
RE/MAX
Wo
RE/MAX
Exclusive
Offer to Purchase
Dirk Pieter van der Merwe & Maria Helena van der Merwe
Johannes Jurgens Boshoff & Wilhelmina Hendrina Boshoff
15 Biyde street, Stilfontein
Mai
Oosthuizen
Marlin Oosthuizen
Resibex Invesiments Py id Va REMAX Excisve Reg no: 2022/765051/07 BrokerOwner: Louse Snyders
{Each Ofc Independeoly Oued snd Operated / PPRA Rogisered FI3079% / VAT number 4080272128
‘58 Bufeldoon Road, Wlkoppes, Klerksdorp, 2871 Ofice number »
( XOFFER TO PURCHASE AND AGREEMENT OF SALE
ENTERED INTO BY AND BETWEEN:
‘THE PARTIES (Detalled descriptions of the patties appear on the information sheet Annexure A attached hereto)
SELLERS)
Full name(s) & surname or Company / Close Corporation / Trust name
Name: DitkPietervanderMerwe
7602205269083,
Identity/Registration Numbe
Name: Maria Helena van der Merwe
Identity/Registration Number: _800210001)
If Sellers a Company / Close Corporation ora Trust herein represented by the undersigned (fullname & surname)
uly authorised thereto,
{peters a natura person, please indicate marital status
[singiefWidowed [| Moredin COP | | Married ANC || Divorced
{herein after referred to.as the Sees)
AND
‘PURCHASER(S)
Full name(s) & surname or Company / Close Corporation / Trust name
Name: _Johannes Jurgens Boshoff
Passport number/Registration Number: 7208035111089,
Name: Wilhelmina Hendrina Boshoft
Passport/Repistration Number: _7711250
1 Purchasers @ Compony / lose Corporation or a Trust herein represented by the undersigned ull name & surname)
duly authorised thereto.
| Purchaser isa natural person, please indicate marital status
Ol [ Married in cor [| Marred anc | [Divored—]
herein after referred to os the Purchaser(s))
‘The Purchaser hereby ofrs lo purchase trough RE/MAX Exclusive and onc his ofr has been accepted, | understand that it willbacome avai
and binging agreement);
Rexibex vestments Ply Lid Ya REMAX Exclusive Reg no: 2022/766851/07 BrokedlOwner: Louise Snyders
Each Office Independently Owned end Operated / PPRA Registered F139701 / VAT number 4080272125 .
"8 Butfeldoom Road, Wikopples, Klenksdorp, 2571 Office number
g .‘THE PROPERTY
Enfoumber 1947 Porton number 0.
Stand sizo 1269
‘Steet address 15 Blydo stroo, St
eppheable)
(herein afer refered to as the Propet)
INTERPRETATION
1
12
13
14
15
24
22
3424
3422
324
Inthis agreement, the fllowing words shall have the following moaning:
‘The Business Property Practiioner. Rexbex Investments Py (Ld) Va REMAX Exclusive represented by
lon {agant name) inte concislonhogataton of his sl,
‘The Paes: The Sole, Purchaser, the Propo Prectitoner and BusinossPrctone.
The Conveyocer The atomey es oppoined by the parts toroystertheransero tho property.
Financ istuton: Any FnancalInstuon on thel normal ams and contons,
“Aword poring singe shane the lal and vie vers, word imporing the masculine gender hance tha inne
gender and words importing Companies shal include Close Corporations and Truss,
OFFER TO PURCHASE
‘The purchaser hereby ofr to purchase from the Seller the property forthe purchase price as st outin paragraph 3, and on the terms
and conditons contained herein,
(On acceptance of to offer by the Sell his docurnent shall baoome a Deed of Sale containing alhe tems and conditions.
‘The Property, inclusive of al ixures andfitings shal be therefore bought and sold subject othe terms and conctions contained inthis
agreement. The Propet s sold inclusive of al existing fixtures and fing ofa permanent nature stated therein speciicaly and as
‘more tly detaledin Annexure °B* whic aso contains the Mandatory Disclosure Agreement,
‘THE PURCHASE PRICE
“The Purchase pol he proparty salle the sum of RESO in word (Si Hundred and Ninety Eve Thovsand Rand)
hotdog h§ —___chtng vat X__VAT Not ppt ial wih 20)
Payable as follows:
tre depestin the amount (inworts) tothe Conveyance win -
days inv) :
toe deposited in an intaest- beating ust account arms ofthe LS fr the beneftof bie purchaser; and
the balance ofthe Purchase Price, allrnativey the ull Purchase Price, shoud na deposit be payable, shalbe pad lo the Conveyancer
by_na o
the aur shal bossy aera go tes nd cocitons wily goed by he anc ttn suing such
guarantee ai
{guarantee shall be provided to the Conveyance, within 2 (Twentycight) day aller request fo the guarantee by te Conveyance,
payable ree of exchange against registration of raster fle property ito the name of the Purchaser.
SA oF PROPERTY
Teanante 24S C07 tyes) Gy Mug dedl md hineky Fise
{rab pd ton be posse fie nap bcs xed n Gas Shore, ad sal a saab arhopa tok
uocrteas)natom ond maro'as pesaod by be Cnojrc se Coneyerc win 30 aaa fon dt guning cok
wealonn Cases spegenaye ae
FResibex ovestmais Py Lid Va RE/MAX Exclushe Rego. 2022/786681/07 BrokedOwner Louie Snyders
‘Esch Offes Independently Oued and Operated / PPRA Registered F1S0791/ VAT number 4000272125
'55 Bufeldcom Road, Vihoppos, Kiarssorp, 2571 Ofie number" 4
= ne blast oem een etek ome nenios: Pinan
5-4 Property stillin the marketto-be sold
i re 2 iy repent
belo
rao tet. guorantove tobe dotvored win further 30 (ry days Baraat.
cord flat ‘uh shoeing popes redbyeiheracash
524
522
523
OR alt wc isnot appeal)
Property has already been sold
‘This offer to purchases subject othe succesful registation ofthe sae ofthe Purchasers propet situated at S® Avenue, Kieservlle,
North West (neon refered to asthe existing property). 7
‘The Purchaser confims that his property was soldon_@ __” ULC) 90h (ale) free of any suspensive conditions or if
suspensive condtions apply, such condtions mustbe failed by_@ JUGAL 3G3.4 (doe). The Conveyencer wil be
nied toa copy ofthe sale agreement ofthe Purchase’ property and the purchaser hereby gris te Conveyance doing the transer
of the existing property permission tissue a guarantee or undertaking othe Conveyencer handing the cent sale.
The Sele acknowledges that te Purchaser wl deriving funds forthe fishing of guarantees fam the proceeds of the sale of his
‘property and thal the provisions of Cause 3. shalbe subject to his cause.
Registatin of aster ofthe Property wil be eectd simultaneously oF a8 S00n as possible ater registraton of anf ofthe existing
property.
\
Rexibex Investments Ply Lid Va RE/MAX Exclusive Reg no: 20221788651/07 BrcketfOwner: Louise Snyder
ach Office ndepencently Ovned and Operated / PPRA Registered F199791/ VAT number 4080272125
'55 Bufeldor Road, Wikopples, Klerksdorp, 2571 Office number |53 FAHOURCONDITION
— Should the Sele at any hme pit to hllumant of te auspasivecondans of Bs oar acane ance oflee Bvcugh th Business
— Property Practonet which hl in ie ole ion aap, ada he espns concons ol sch ola i lad tha ha chad
roy he Purchaser hein wring of ilonkon fn proceed with ech ofa (a copy of sch ole ad pro of haimant of he
—— vepancive condos ehal eimaaneous be shown ote Purchaser) and he Purchaser shat ava 3 tive} days kom aca of
—— such nication {enciing Sau days- Sundays and Puble Holiday) witha which o wae n wing the boca of al suspense
——eonctione of tis Agreement whereupon ie Aareemant wil lapse ade of no hurr force o lack The partes thar agra hal ara
nl be no clas againe each the othe Props Procter hs clause comes into ect andthe pearly ss
—— purchased by the ted party a
6. TRANSFER AND TRANSFER FEES
61 The Seterherby mevecobyappoins_2°C4.€ He 11) clukindy a Conveyancing torres 90010 he egiaton of
the Faster of he Proper
62 __Transer ofthe Property nthe name ofthe Purchaser shal be done by the Coneyancerwiina reasonable ie flr te Purchaser has
complied wi al the lems and cncitons of his Agreement
63. ThePurchaser hal wthut lon rquet of he Conveyancer sna documentation and make al payments necessary i enaie he
Conveyancero rete nse ofthe propey no the Purchasers name
54 is spotealy a condton of tis Aqrerent tai he Purchase fo gn any rans ocuant win 14 urtaer) days afer bo
ha ben requested to dos, erie fis fo der qurantaes respect of puchas rics, neret equal tha erst tn ved
by ABSA Bank wil be charged onthe fl chat pce from such dal unt dal of epson,
85. The Purchase shal pay on request
851 athe vansfercos to he Conejancer
652 alt bond costs inrespectofheregistaon of any and al bond cos
7 belay
‘Any delay ofthe registration of tansfer due to ay cumstances fr which the SelerPurchase is not response for wnt be grands
{or caoelaton by ether party ofthis eoreemente.g, municpal eerances, handing of deceased estates et.
Furhearore the purchases response, immetitly ater reqsaton, transfer municipal ccount ona his! her rame
‘Te Seles responsible to make sure Cy Courciretunds hiser credit afr the old and new accounts were reconcled since heres a
delay in is oped,
This refund is decid trough the transfering atomey.
8 TENANT
81 Inthe eventof the Property being let to tenant, th Purchase’ right o occupation willbe subject to the tenant’ rights in terms of he
lease agreement. The rental income wil be due to te Soler unt the date of registration of transfer into the name ofthe Purchaser. The
‘Seller wil delver a copy of the lease agreement othe Purchaser win 7 (seven) calendar days of signature hereof and te Seler wil
‘cede and transfer ahs rights, interest and obligations in lems ofthe lease agreement othe Purchaser, who accepts such cession, on
date of registration of transfer.
82 _Asfrom the date described in 9.1.1, the Purchaser wile ented to receive the rent if any) payebe in respect of he Property. The Seler
‘rust forthwith refund the Purchaser tho rent (any) received in respec of any period ater the date referred on Clause 8.1.2
9. OCCUPATION AND OCCUPATIONAL INTEREST
a4
(Gelele whichever i not applicable)
914 __pa__ ale of occupation) subject thereto that full uaranees fore purchase price
nave ben delvered
oR
Reyoex investments Ply Lid Va REIMAX Exclsive Reg no. 2022/T6G851/07 GrokaiOwner Love Snyders
Each Ofte Indopendery Oued snd Operated / PPRA Registered F13979\ 1 VAT nuner 4080272125
“65 Butletdoon oad, Wibopples, Klerksdorp, 2571 Ofce numer
4912
92
93
94
95
10,
104
102
103
104
105
1,
14
2
113
4
105
108
Date ofregstraton _X__ (Mark with X)
\Woceupaton ofthe property given othe Purchaser earlror later than the date of rqisvaton of trenser, the party enjoying occupation
ofthe Property whl ts registered in tha name of the other party, must for tho period of such occupation pay othe che party
ss — ) per mont subject to clause 9.5 below.
Iocoupation ofthe property is taken by the purchaser before registration of wenser of the property ino the name ofthe Purchaser, the
Purchaser may not make any changes or effect any mproverens,altoratons radon tothe Property unl te dat of registration of
transfer, If is agreements cancelled or becomes unenforceable due tothe huifiment or non-tufiment of a suspensive condo, the
Purchaser must vacate the Property Immediately and hand same tothe Selle the same good condition asitwas when te Purchaser
took occupation. Inthe event ofthe cancelation ofthe egreement rin the event of he agreement becoming unenforceable due to the
fufimentornonuflment ofa suspensvecondton the Purchaser il not be ented to any compensation and wil have ra cam against
the Sel arising out of any changes, allorations, improvements or addons mde fo the Property, even if such changes, alleraSons
improvements or additions wer affected wth te witten consent ofthe Sele
In the event the Sellr and Purchaser comes to a mutual agreement thatthe Purchaser may occupy the property before al suspensive
ccondions have bean melo the Sell grants permission lo the Purchaser lo make changes tothe Property, th Sellr and Purchaser
harebyindermifs the Property Prectioner and Business Property Prectioner of any abit and claims wth regards to damage suflered
by any ofthe Parts.
‘Th aroun cored incluse 2s payable mon isan, Stal ant ake plac nga monh Seer ust ind he
Purchaser a proportionate share ofthe payment made. Such share wil befor the period between the date of registration of transfer and
the end of that month,
INSPECTION OF THE PROPERTY
The Purcheser acknowledges thathalthe ha hd the opportunity fispect he Property wth he fil consent and co-operation of he
‘Solr, wih or winou fe assistance fa profesional home inspector, handyman, or any prtssoal he Purchaser deemed be
‘Necessary, and that the Purchaser has satisfied himself of the condition of the property and that the property is reasonably suitable for the
purse that hele intends usigit le, Should the Purchaser intent chang the purpose ce Proper, hese wl and i he
‘equed changes himselthersel an thse ow costs mak he necessary aleatons othe Prope.
Purpose of the property__X__ Personal 0R_Business Use (mark with X)
‘Te inspection, as contemplated in 10.1, willbe forthe fall expense ofthe Purchaser and no manner whatsoever wil the Purchaser
hold the Sel iable for any costs ating ftom the Inspection.
‘The Purchaser's opportunity and right o conduct a proper property inspection, with or without the assistance of property professionals,
before making tis ofr to purchase tothe Seller, deems thal the Seller isnot able for any defects and damages, whether structural or of
any other nature, which the property may have had during the time of purchase,
‘Should the Seler unreasonably reluse an inspection as contemplated above a presumption thal the Seder was aware of any reasonable
defects and damages will exist and the Seller wil be held abe forthe reasonable defects and damages.
DISCLOSURE BY THE SELLER IN TERMS OF THE CONSUMER PROTECTION ACT AND PROPERTY PRACTITIONERS ACT
‘The Seller delres tht helshe is NO selng this Property inthe otnary course of business. Inthe event that he Seler declares Pat
helshe is seling the Property in the orinary cores of business, the provisions ofthe Consumer Protections Act 68 of 2008 apa fo he
Selers disclosures hein
its recorded thal the Seles is not a supplier as dened inthe Consumer Protection Act. The Property is hereby sold Yossi and
subject oa existing Seritudes, Tite Deed conditions and any restictons that may be imposed by te Local Aunty and any lease
‘agreement if eppcable).
in terms of Cause 10 the Purchaser has been granted the oppartunty lo view end inspect the property, and wi ereore nc had he
Seler lable for any oer damages and defects othe property which might become apparent ata later stage.
‘The Sell shal not be abe for any decency in he extent of he Property which may be revealed on any resurvey of be Property, por
shallthe Seller benef fom eny possible surps
‘The Purchaser declares tat he has been granted a ar oppruniy inspect the Property which has been thisher sastacbon and has
acquainted himihesel wt the conons, bdr, area and lay ofthe property and al items ited are sot "oetstoets ne present
‘condition withot guarantees andlor representations
‘Should the description of sizeof the Property contained herein, ctr rom that contained inthe registred Tite Deed such devin wl
rol constute@ ground for cancelation ofthis sale. None of the patos will have a claim against each other in such an event and he
Peres undertake to sign andlor execue any document in odo to rectly same, The description in the Tite Deed willbe regarded 28
comect ‘
ReaibexInvestmens Ply Ld Ya REMAX Excuse Reg no. 2022/766684/07 BroketiOwner: Louse Snyders
ach Ofc independenlly Ouried and Operated / PPRA Regiseved F13979\ / VAT number 4080272125,
155 Bufleldoorn Road, Wikoppos, Kiskedorp, 2571 Office number119
2
a4
122
23
24
125
8.
134
13.44
1312
13.13
132
133
4.
144
‘Should itbe necessary to pin out boundary, beacon or peg in respect ofthe property, i wl remain the responsibly ofthe Sle,
‘Te Property is sold “voetstools’, sit sland and, nthe condition, as sel outin the RE/MAX Exclusive Mandatory Disclosure Annexure
(ler Annexure ), attached hereto, 0 pescbed by the Propet Pracilners Ac duly completed and signed bythe Sel rhisher
‘representative. The decaaton provided by the Soler know a he Property Condition Repor provides adetald Is of any defects in and
«damage to the Property of which te Salers aware, which declaration s made by th Seller with the best ntnton of cscosing these
defects tothe Purchaser. The Seller can give no waranty against defects, oer than those specified in the declaration as aforementioned
‘and the declaration does not negate any ois rights that heshe may have under law. The Purchasers expresly informed thatthe
Property is tobe inspeced prope
OR (dete whichever not applicable between clause 11.8 and 11.9)
“Fhe Solerie not able fo-copleta tie form 9s hehe aso knowledgo ot any doles ferred to—Tho Purchaser heelorpuchases
RISK, RATES, LEVIES AND RENTAL INCOME
‘Tho riskin respect of damage andlor destruction of he Property by hisher own accord vill pass tothe Purchaser on date of registration of
transfer, or dle of occupation ofthe Property by the Purchaser, whichever ofthe aforesaid happens fist.
Ifthe insurance company ofthe Seller repulatas any claim by the Salle for damages due to actions or omission bythe Purchaser, his
{amiy, quests or employees, rom date of occupation to date of registration ofrensfer, the Purchaser wil be Kable for such damages.
‘The Selr wil be abe foal ates and taxes and other duties payable in respect ofthe Property unl date of regisvation, except
cthervisa stipulated wih eay occupation bythe Purchaser.
The Seler undertakes lo pay the al eves up to registration dale, A clearance certificate wil be obtained from the managing agency or
body corporate.
‘The purchaser shall conclude all agreements or other arrangements thal might be required bythe Body Corporate, local author, or other
such body, forall rates, lates and municipal levies, or the supply of water, electric andlor series tothe property on the dae of transfer.
BREACH OF CONTRACT
‘Should ethor party breach any provision ofthis agreement and fl to remedy such breach within 7 seven) calendar days alr despatch of
vin noice to the defeling par by electronic mairgistered poslexoqufng such breach be remedied, the aogtved party shal
be entited without rejucice to any ober ight in iw
to cancel this agreement foruith and ci damages trom te defaulting party or;
im immediate speccperermance of al ofthe deauling pats cbigaton wheter or not et perfomance and neler event
witout pejucce to the aggrieved pay igh to claim daages;
cancel is agreement of sland to eli, ater payment of brokerge lo he Property Pracione, th balance ofthe depositor anyother
monies paid on acount ofthe purchase rice andor costs othe Conveyance a ‘Toukoo" of peal or as preestmated damages in
respect ofthe prelude sured by the aggrieved party,
Inthe event ofthe aggrieved pat nsucing ettomeystorender egal services o enforce the apgroved paris’ ight ring tom fare
by the defauting party to compl with any cbigaton hereunder, he efuling ary shal be al foal costs called onthe scle as
between attomey and cent incurred by te aggrieved pat fo such alley wheter logal proceeding have commenoed ono.
No induigence which ether party may cant he other sal constitvle a weiver of any right f the grantor. The alorementoned tems
shalln no way iit the right tha iter of the pares may have on account fe breach of the oe party.
‘ADDRESS FOR DELIVERY OF ALL NOTICES AND DOCUMENTS (OOMICILIUM CITANOI ET EXECUTANDI)
‘A notices meant for one or the ober partyin terms ofthis aoreement shall be sent by way of registered ma, elecrenic mal ob
delivered by hand. The paris choose the folowing adoresses for purposes ofthis agreement asthe address whee they woul accept
same:
Each Ofce independently Owried and Operated / PPRA Registered F139791/ VAT number 4000272126
6 rer prerapceer cera pent
TAI &