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Property Sale Agreement / Offer to Purchase
document online now and transfer ownership of land properly.
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Frequently Asked Questions
What Seller's Information do I need for this agreement?
You will need the details of the individual / entity that is selling the property.
- In the case of an individual, you will need their Full Name, Identity Number and Address.
- In the case of an entity, you will need its Registered Name, Registration Number and Registered Address.
What Buyer's Information do I need for this agreement?
You will need the details of the individual / entity that is buying the property.
- In the case of an individual, you will need their Full Name, Identity Number and Address.
- In the case of an entity, you will need its Registered Name, Registration Number and Registered Address.
Is there a Difference between a "Property Sale Agreement" and an "Offer to Purchase"?
There is only a slight difference between a Property Sale Agreement and an Offer to Purchase.
The difference is an “Offer to Purchase” is made by the “Buyer” and it contains an “Offer” or “proposal” by the Buyer to the Seller for the purchase of the property.
The “Offer” will contain a time period in which the Seller can accept the “Offer”.
If the Seller does not accept the “Offer”, the document will fall away and be of no further force and effect.
If the Seller does accept the “Offer”, the document will basically become “Property Sale Agreement”.
What is an "OTP"?
An “OTP” is the abbreviation of “Offer to Purchase”.
Do I need a Property Sale Agreement / Offer to Purchase to buy or sell a Property?
Yes.
It is a legal requirement that the purchase / sale of immovable property (e.g. land, house, flat, etc.) is recorded in writing.
You must have a signed Property Sale Agreement / Offer to Purchase to transfer a property in South Africa.
Without a signed document recording the terms of the purchase / sale of the property, the Deeds office will not register the transfer of the property.
Do I need a lawyer to sell my property?
You can draw-up your Property Sale Agreement / Offer to Purchase on your own.
However, it is legally required that a Lawyer attend to transfer of ownership from the Seller to the Buyer and the registration of the transfer with the Deeds Office.
This Lawyer is called the “transferring Attorney” or “Conveyancer”.
Who chooses the transferring lawyer?
The transferring lawyer / Conveyancer is appointed by the Seller of the property.
However, the Seller may permit the Buyer to appoint the Conveyancer by agreement between the parties.
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