The information that should be in any deed of sale includes:
1. Names, id numbers, marriage status of parties involved. If a company, the capacity that the party is acting in.
2. Addresses of purchaser and buyer.
3. Description and size of property.
4. Provision that buyer pays all transfer fees.
5. Name of lawyer handling the transfer.
6. Purchase price.
7. Details of deposit (if any) – date by when deposit must be paid, in which trust account the deposit will be held.
8. Manner in which purchase price will be secured.
9. Date of occupation.
10. Should occupancy be before date of transfer, the amount of rent to be paid and how it will be paid.
11. Provision that buyer is responsible for all taxes and other municipal charges from date of possession.
12. Provision that house is sold voetstoots (as is) i.e. without guarantee on the seller’s part regarding hidden or visible faults.
13. Amount of commission due, time of payment and name of estate agent.
14. The provision that no change to the Deed of Sale is valid unless in writing and signed by both parties.
15. Whether a beetle-free certificate is required (Cape and Natal) and who should pay for the inspection and work required.
16. Any special conditions. For example:
* What fixtures and fittings have to stay and which may be removed (e.g. garden shed, pool cleaner)
* Is the sale subject to the buyer obtaining a bond?
17. Address for service of notices.
18. Mechanism for resolving a breach of agreement by any party.