Sellers Guide
The Agreement Of Sale

Accepting an offer
Accepting an offer to purchase is the first step in a legal contract and should contain very clearly everything you can or intend to do, and exactly what you expect to receive…this is where we can be of assistance. We will ensure the offer accurately reflects your intentions, all details are correct, correctly identified property, mortgage information properly stated.

We have a standard offer form, which contains pre-printed standard clauses as well as the inserted information. Once you understand the offer and are certain it states everything you wanted stated…then it can be signed. Once signed you have taken the first step to selling a home. (A copy of the agreement of sale is attached. Kindly read through the contract and familiarise yourself with the contract, once a contract has been signed it is a binding agreement and subject to the laws governing it.)

Extras
When the Agreement is being presented – be specific! Make sure that you understand all clauses and addendums added to the contract. Avoid misunderstandings. If you wish substitutions or/and any unusual extras include them in detail. Being clear and specific at the outset can save time and possible complications later.

Explaining 72-hour clause
A 72-hour clause is added to a deed of sale when there are suspensive conditions these can be:
a) 100% bond plus costs – this means that the buyer wishes to include the costs in the purchase price. Bank approval has to be gained first should the bank not approve the costs the client either has to pay cash for the costs or the sale becomes null and void.
b) Successful sale of property – the deed of sale is subject to the successful sale of the buyer’s property.
c) Should there be a 72-hour clause on an offer that has been accepted by the seller, the seller is entitled to accept other offers on the property. Should any of other offers (that is any offer received after the initial offer) become final (bond approval is received) the previous purchaser (the first offer) is given 72 hours to meet all suspensive conditions

Addendums
Any other addendums should be given in writing and not done verbally. Addendums can cover a wide range of clauses. The most common addendum being the one that refers to fixtures and fittings or any work or repairs that needs to be done.

What to expect from buyers
Sellers please be patient: Buyers will check that lights work, toilets flush, cupboard doors are aligned, they are not being nosy or rude. There is a voetstoots clause in the deed of sale which means as is. The buyer has the right to check what he is purchasing and to request that certain items be repaired before sale is final, this is not always the case but it can happen.
Buyers coming through the property may make up their mind on the first visit as to whether they will make an offer to purchase or not. The old saying “First impressions are normally the most lasting” is very true here. Sometimes a buyer will come back with different family members to view the property.
Help to make the transition an easy and pleasant experience
When listing your house with an agent please make known all defects and what you are prepared to fix and what you are not going to do. If you have plans for an extension or any additions please keep them handy as the purchaser may want to view what you had in mind.

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Caution: While every effort has been made to ensure that the information contained in this article is correct, Realtors International Shelley Point will not be liable for any loss suffered by any person due to any error in the article.

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