Auction Terms and Conditions
DISCLAIMER Whilst all reasonable care has been taken to provide accurate information, neither Peter Maskell Auctions CC nor the Sellers guarantee the correctness of the information, provided herein and neither will be held liable for any direct or indirect damages or loss, of whatsoever nature, suffered by any person as a result of errors or omissions in the information provided, whether due to the negligence or otherwise of Peter Maskell Auctions CC or the Sellers or any other person.
Voetstoots
The PROPERTY is purchased and sold Voetstoots, and the SELLER shall not be liable for any defects, patent, latent or otherwise in the PROPERTY nor for any damage occasioned to or suffered by the PURCHASER by reason of such defect. The PURCHASER admits having inspected the PROPERTY to his satisfaction and that no express or implied representations, guarantees or warranties of any nature were made or given by the SELLER or his AGENT or AUCTIONEER regarding the condition, quality or any other characteristics of the PROPERTY or any of the improvements thereon or accessories thereof.
Transfer and transfer costs
18. SPECIAL CONDITIONS: ZIMBALI ESTATE MANAGEMENT ASSOCIATIONeller shall attend to the registration of the transfer of the Property into the name of the Purchaser. The Purchaser shall be liable for and shall pay to the Attorneys all the costs of transfer, transfer duty or VAT, whichever is applicable.
Certificates for the Purchaser’s expense
• • • •
Electrical Certificate of Compliance Entomologist Clearance Certificate Water Compliance Certificate Gas Certificate of Conformity
• Any other certificates as required by ZEMA.
Legal Costs
Should any dispute resulting from this agreement cause the non-defaulting party, Auctioneer or conveyancer to incur legal expenses, such defaulting party shall be liable for payment of such costs on attorney client scale including tracing costs, costs of storage, transportation costs, auctioning costs and commission.
Special Conditions: Zimbali Estate Management Association
The PURCHASER acknowledges that the property being purchased is located within the Zimbali Estate and in order to effect transfer of the property into the name of the Purchaser, it is a requirement that the Conditions of Sale as prepared by the ZIMBALI ESTATE MANAGEMENT ASSOCIATION be signed in addition to the Conditions of Sale as prepared by the SELLER. The conditions of sale as prepared by the SELLER are to be read in conjunction with the Conditions of Sale as prepared by the ZIMBALI ESTATE MANAGEMENT ASSOCIATION in so far that if the Terms and Conditions of the Agreement are in conflict with each other, the Terms and Conditions of the Sale Agreement prepared by the SELLER shall prevail. The PURCHASER undertakes on demand to sign all documentation as required by the ZIMBALI ESTATE MANAGEMENT ASSOCIATION and to make all payments as may be required by the management of the Homeowners Association / Body Corporate in order to be registered as a member. In addition, the PURCHASER undertakes in accordance with the requirements of the estate to become a member of the Country Club with the associated costs thereof.
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