The information and materials published on this site are provided for general purposes only and do not constitute legal advice. Players in the real estate market may find themselves in a situation where, for one reason or another, they are simply not able to get bank financing for a transaction. We can then turn to the method of the purchase contract at the head. On the other hand, in a de facto scenario where the seller wishes to prevent his goods from being forcibly seized, it may be innovative to use a tempered purchase contract that structures the agreement in such a way that the buyer covers the bond tos of the seller in difficulty. This structure is available. Tell us if this is a suitable option for your unique circumstances, as it is not a one-size-fits-all for all applications. The NCA contains specific provisions on „fixed-rate agreements“, but only with regard to movable property. Immovable property generally fall within the scope of the CAS by applying the mortgage provisions. Please note that the models we have are those of a tempered purchase agreement and an offer for which the buyer is a consumer within the meaning of the National Credit Act (i.e.
if the contract of sale provides for interest or other ancillary costs within the meaning of the law). These models were purchased around 2015 from the website of the former Cape Law Society. We cannot and assume no responsibility for the accuracy of these proposals. We provide them only as examples of such documents, in order to allow the reader to better understand the laws surrounding temperance purchase contracts of this type. We advise you with the utmost firmness that if you wish to enter into such a contract or a normal temperate purchase contract, you only do so with the help of a real estate lawyer who has expertise in tempered purchase contracts and the National Credit Act. It should be noted that any seller who wishes to enter into such a sales agreement, to which the National Credit Act effectively applies, must also register as a credit provider with the National Credit Regulator and, as such, we do not recommend that you enter into such a contract unless you have sought the advice and assistance of a subject matter expert. 3. The seller must declare the sales contract within 90 days of the conclusion of the sales contract to the office of the deed concerned.
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