Sale Agreements

Immovable property sale agreements are used when you wish to buy or sell your property. It is important, when you sell your house, that you don’t simply use the estate agent’s standard sale agreement.

Immovable property sale agreements, in light of the continuing increase in values of immovable property in recent times, have become increasingly important as they are the only document regulating your rights and responsibilities in respect of that sale. Therefore, it is prudent to have an attorney draft the immovable property sale agreement.

In terms of the Alienation of Land Act, if your agreement of sale for the immovable property in question is unwritten then it is not an agreement of sale.

With our expert team in Durban at M. P. Lutge Incorporated, our excess of three decades worth of experience ensures that your immovable property’s agreement of sale contains all of the terms and conditions necessary to make certain you are protected from untrustworthy buyers and sellers. Over the last three decades and more, our founder, Malcolm Patrick Lutge, has developed a deeper understanding of what aspects of the sale or purchase of your immovable property must be included in the immovable property’s sale agreement.

Furthermore, over the last thirty years our founder has constructed a network of legal experts, specialising in the drafting of immovable property sale agreements, throughout South Africa, with the result that we are not only widely regarded throughout the country as one of the best law firms drafting immovable property sale agreements, but can attend to the drafting of your immovable property sale agreement from anywhere in South Africa.

Call us at our Durban head office and we will be more than happy to assist you in:

  1. interpreting the immovable property’s sale agreement (in South African law a party is deemed to have read and understood the contents of a document which he has signed and cannot rely on what the estate agent may have said is contained in the contract)
  2. Check the title deed of the immovable property subject to the sale agreement so that there aren’t any unexpected surprises regarding the actual ownership of the property, servitudes registered against the property (i.e. building restrictions), interdicts over the property, etc.;
  3. Ensure that your immovable property sale agreement contained all of the correct terms and conditions such as:
    a. the names of all of the parties;
    b. a full description of the immovable property;
    c. the purchase price;
    d. the manner in which the purchase price is to be secured;
    e. the date of occupation;
    f. the occupational rental payable, if any;
    g. the mechanism for resolving a breach of the agreement by either of the parties;
    h. a voetstoots clause.

Contact us today, whether you’re in Durban or anywhere else in South Africa, and we will make certain the transfer of the immovable property is as smooth and hassle-free as possible by drafting you an Immovable Property Sale Agreement.