1 DEED OF SALE: Entered into between: DETAILS OF THE SELLER Full names of executrix: Ramona Hefer in her capacity as nominee by virtue of an estate Power of Attorney signed at Pretoria on 25 October 2022 and granted to her by Aaminah Khan in her capacity as executrix and nominee of Absa Trust Limited In his capacity as executrix in the Estate late: Elizabeth Gininda Estate number: 10174/2021 In terms of a Letter of executorship dated: 20 October 2021 Address: Ehlers Fakude Inc, 3A Sunwood Park, 379 Queens Crescent, Lynnwood Pretoria Telephone number: 012 361-7102 Contact person: Mr Siphi Ndlangamandla (hereinafter referred to as “the Seller”) and DETAILS OF THE PURCHASER Full names: Esther Thabisile Tshabalala Identity number: 850915 1050 087 Marital status: Unmarried Physical address: Code: Postal address: Code: Telephone number: (cell): e-mail: Income tax number: (Hereinafter referred to as “the Purchaser”) The Seller hereby sells to the Purchaser who hereby purchases: DETAILS OF THE PROPERTY Description as per title deed: Erf 4307 Atteridgeville Township, Registration Division J.R. Province Gauteng, Measuring: 295 (Two Hundred Ninety Five) Square metre Held in terms of Title Deed number: T68719/1995 dated: 1995/08/23 Physical address: 63 Maluka Street, Atteridgeville (hereinafter referred to as “the Property”) together with all improvements thereon 2 1. PURCHASE PRICE AND MANNER OF PAYMENT The Purchase price is the sum of R230 000.00 (Two Hundred and Thirty Thousand Rand), which has been paid 2. DATE OF POSSESSION AND OCCUPATION AND COMPENSATION FOR EARLY OCCUPATION 3.1 Possession of the property will be given to the Purchaseron date of registration. Should the Purchaser take possession of the property before date of registration thereof in his name, the Purchaser shall be liable to pay all water and electricity costs from date of possession. The Purchaser shall from date of registration be liable for all municipal rates and taxes and/or fees payable on the property in terms of the Act, and from which date the property shall be the sole risk, profit or loss of the Purchaser. Should the Seller have made any payment of such a nature for a period after the date of possession, he shall be entitled to a refund thereof from the Purchaser on a pro rata basis. 3.2 If transfer is not registered into the name of the Purchaser before date of possession, or, if the parties agree on a date of occupation other than the date of possession stipulated in 3.1 above, then the Purchaser shall be obliged and bound to pay the Seller, or his nominee, compensation for occupation of the property in the amount of N/A a month or any art thereof, for which the Purchaser has been in occupation or possession of the property before the date of transfer. The said amount shall be payable monthly in advance before or onthe first day of each month until the date of transfer or until the date of vacation of the property, should the sale be cancelled. The said amount shall be payable at the address of the Seller as set out in the introduction to this agreement, or at the Seller’s nominee. If the property is occupied by the Purchaser and the sale is cancelled for whatever reason, the Purchaser shall vacate the property immediately and return vacant occupation and possession to the Seller, without compensation. 3. INSURANCE The Purchaser shall, from the date of possession of the property as specified in clause 3.1 above, be obliged to comprehensively insure the property for the full replacement value thereof with an insurance company nominated by the Seller and to maintain such insurance up to the date of transfer of the property into the name of the Purchaser. The Purchaser shall ensure that the Seller’s interest in the property is noted and shall, if requested to do so by the Seller, give proof of such insurance to the Seller. Should the Purchaser fail to comply with the provisions of this clause, the Seller shall be entitled to immediately and without notice to the Purchase insure the property as aforesaid and to recover the costs so incurred from the Purchaser. 3 4. VOETSTOOTS The Purchaser is aware thereof that the Seller act as an executor in a deceased estate. Due to these circumstances, the Seller is not in a position to have personal knowledge of the state of the property. The property is sold voetstoots, which means without any guarantee or representation about the state of the property. The Seller shall not be liable for any defects in the property nor for any damage occasioned to or suffered by the Purchaser by reason of such defect. The Seller provides no guarantee or makes the Seller no representation to the Purchaser on the state of the property. The Purchaser admits having inspected the property to his satisfaction and that no guarantees or warranties of any nature were made by the Seller or his agent regarding the condition or quality of the property or any of the improvements thereon or accessories thereof. The property is further sold as represented by the title deed. The Seller shall not be liable for any deficiency that may be found to exist and renounces all excess. The Seller shall not be under any obligation to point out any beacons in respect of the property. The property is also sold subject to all existing servitudes and conditions specified in the title deed. 5. DOMICILIUM AND NOTICES The Purchaser chooses as his/her domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature the physical address as set out in the introduction to this agreement, provided that, as of the date of occupation of the property by the purchaser, the purchaser’s address for the aforesaid purposes shall be the physical address of the property. All notices dispatched to the Purchaser’s domicilium citandi et executandi by registered post shall be deemed to have been received 5 (FIVE) days after posting or on the same day if delivered by hand. All notices intended for the Seller shall be delivered to him at the physical address as set out above, which address he selects as his domicilium citandi et executandi, and any such notices shall be deemed to have been duly delivered to the Seller 5 (five) days from date of posting or on the same date, if delivered by hand. 6. JURISDICTION The Purchaser hereby consents to the jurisdiction of the Magistrate’s Court having jurisdiction over his/her person in respect of all legal proceedings connected with this agreement, notwithstanding that the amount of the matter in dispute exceeds the Court’s jurisdiction. Notwithstanding the foregoing the Seller is entitled to institute proceedings against the Purchaser in the division of the High Court having jurisdiction in the matter. 4 7. BREACH In the event of the Purchaser breaching any of the provisions of this Agreement of Sale and failing to rectify such breach within 7 (seven) days of demand having been sent to him to rectify such breach, then the Seller shall be entitled, without prejudice to any other rights which the Seller may have in Law, to cancel this sale forthwith and to recover fromthe Purchaser any damages suffered by the Seller. The Purchaser shall vacate the property immediately upon any such cancellation of the sale and shall restore vacant possession to the Seller without compensation. Notwithstanding the foregoing, in the event of the Purchaser breaching any of the provisions of clause 2 of this Agreement the Seller shall be entitled, immediately and without notice and without prejudice to any other rights which the Seller may have in Law, to cancel this sale forthwith and to recover from the Purchaser any damages suffered by the Seller, in which event the Purchaser shall vacate the property immediately upon any such cancellation of the sale and shall restore vacant possession to the Seller without compensation, or to demand specific performance from the Purchaser. The Seller shall be entitled to retain the deposit as a genuine estimate of liquidated damages, subject to the rights of the Purchaser to contests such damages in terms of the Conventional Penalties Act 15 of 1962, asamended. 8. TRANSFER COSTS The registration of transfer of the property into the name of the Purchaser shall be effected by the Seller’s conveyancer, EHLERS FAKUDE INCORPORATED – TEL: (012) – 361-7102 – REF: MRS R HEFER/Dorothy Smit/MAT20144 – SANWOODPARK BLOCK 3A, 379 QUEENS CRESCENT LYNNWOOD. The Purchaser shall be liable for all transfer costs, transfer duty, as well as the cost of this Deed of Sale as well as all costs and taxes, including value-added tax, if applicable, of the transfer of the property into the name of the Purchaser by the conveyancer of the Seller. Such costs shall be paid by the Purchaser. 9. AGENT’S COMMISSION The Purchaser has not been introduced to this property by any Real Estate Agent nor had any viewing of this Property with any Real Estate Agent or any third party. The First vierwing of this Property has been with the Registered Owner directly on the day that this Contract was signed 10. ENTIRE CONTRACT The parties agree that this Deed of Sale constitutes the entire contract between them and that there are no other conditions, stipulations, warranties or representations whatsoever made, other than such as may be included herein and signed by the parties hereto. 11. SUSPENSIVE CONDITIONS The parties agree that this Deed of Sale is subject to the following suspensive conditions: 5 12. 12.1 Master and beneficiaries’ consent Insofar as may be required in law this sale and the terms and conditions hereof are subject to all necessary consents being obtained from the Master of the Supreme Court or the beneficiaries in the estate referred to in the introduction to this agreement, or both, as the case may be. Should such consent not be obtained, or should the Master of the Supreme Court decline for any reason to furnish a certificate in terms of section 42(2) of the Administration of Estates Act 66 of 1965, then this agreement shall lapse and be null and void. In such event, the Seller shall be obligated to repay to the Purchaser all amounts which has been paid by him by virtue of this agreement against payment by the Purchaser to the Seller of reasonable compensation for all benefits which the Purchaser has had as a result of this agreement, in particular, but not limited to, occupational rent as calculate in terms of 2 above, but the parties shall otherwise have no further claims against each other. 13. SELLER’S FIDUCIARY CAPACITY The Purchaser acknowledges that he is aware of the fact that the Seller acts in his fiduciary capacity as executor of a deceased estate and that the sale shall take place in accordance with his powers and authority in his capacity as such. 14. ITEMS PART OF PROPERTY The parties agree that the following movable items, which the Seller warrants are fully paid for and are owned solely and exclusively by the Seller, are part of the property hereby sold: The Plastic Wendy house and gas stove are not included in the sale. 15. ELECTRICITY: CERTIFICATE OF COMPLIANCE The Seller shall provide the Purchaser at his own cost, on or before the date of occupation mentioned above, or the date of registration, with a certificate of compliance in accordance with the provisions of Government Regulation 2920 of 1992 issued in terms of the Machinery and Occupational Safety Act 6 of 1983 by an accredited person registered with the Electrical Contracting Board of South Africa, in a form acceptable to the supplier of electricity, certifying that theelectrical installation on the property is in accordance with SABS 0142. Should the aforesaid person report that there is a fault or defect in the electrical installation, the Seller shall be obliged, at his own cost, within 21 (TWENTY-ONE) days of receipt of such report and recommendations, to contract with an electrical contractor or any other person to correct the faults or defects and to issue thereafter the certificate of compliance. Should the certificate predate this agreement, the Seller warrants that the certificate is valid in respect of all existing electrical installations on the property. The Seller undertakes to effect no alteration of whatever nature to the electrical installation in the property hereby sold after the date of issue of the certificate. 6 16. SPECIAL CONDITIONS 16.1 Continued Marketing The Parties hereby agree, subject to the suspensive condition related to the Seller have been met in total, that the Seller may continue to market the property until such time as all the suspensive condition/s contained in respect of the Purchaser obligations herein has/have been fulfilled. Should the Seller, during this time, receive another acceptable unconditional offer (“the competing offer”) to purchase the property, the Seller will have the right to call upon the Purchaser, by notice in writing, to waive all suspensive conditions to which this Agreement is subject. The effect of such notice will be that the terms and conditions of this Agreement will become unconditional, within three (3) days (excluding weekends and public holidays) of the date when such notice is delivered to the Purchaser, or such extended period as the Seller in his/her sole discretion may allow (“the waiver period”). At the reception of the waiver from the Purchaser or in the event that the Purchaser fails to waive his/her rights in writing within the waiver period, the Seller shall be entitled, but not obliged, to accept the competing offer, upon which this Agreement shall lapse and be nil and void. The Purchaser shall at such instance have no claims against the Seller in terms of this Agreement. Should the Seller elect not to accept the competing offer this Agreement shall remain in full force and effect, on the same terms and conditions, as if no other offer to purchase was received by the Seller. 16.2 Building plans and alterations The Seller gives no warranty that the buildings erected and/or the alterations on the property was done in accordance with proper plans submitted and approved by the local authorities. SIGNED AT …………….. ON THE ………………. OF … … 2022 WITNESSES: 1. ______________________ 2. ______________________ __________________________ SELLER – EXECUTRIX 7 SIGNED AT …………….. ON THE ………………. OF … … 2022 WITNESSES: 1. ______________________ 2. ______________________ __________________________ PURCHASER I, the Purchaser, hereby confirm that I understand the content of clause 4 of this agreement. I confirm further that I understand the risk linked to the content of clause 4 hereof. I had enough time to properly inspect the property and to consider the state thereof before making this offer to purchase. SIGNED AT …………….. ON THE ………………. OF … … 2022 WITNESSES: 1. ______________________ 2. ______________________ __________________________ PURCHASER
