A residential agreement of sale for a home sold through an estate agent, with the agent commission clause included.
Residential Agreement of sale - With agent involvement
Summary An estate agent acting on behalf of a property owner may consider using this Agreement of Sale when selling a Residential Property to a buyer.
Note: you may wish to obtain the buyer’s details and conduct a background check before finalising the Sales Agreement. The Buyer Application Form may be used for this purpose.
What does the Sale of Residential Property Agreement say?
- The Residential Agreement of Sale consists of; the details of both the Buyer and the Seller
- the Description of the Property
- which is being purchased
- Purchase price and how that will be payable
- Financing
- Sale of purchaser’s current property
- Continued marketing of the property
- Transfer and Costs
- Occupation
- Risk
- Fixtures and Fittings
- Rates and Levies
- Delay
- Voetstoots
- Acknowledgements by the Seller and Purchaser
- Cooling-off
- Breach
- Estate agent fees
- Companies/ Close Corporation/ Trust/ Multiple Purchasers
- Domicile of the Purchaser and Seller
- Electrical-
- Gas- and Electrical Fence Certificates
- Alien and Invasive Plant Species
- Warrantees and Undertakings
- Sectional Title Property
- Member of Home Owners Association
- Jurisdiction
- Whole Agreement
- Declaration by the Seller regarding the condition of the property
- Sold Sign
- POPIA Clause
What does the Residential Agreement of Sale look like? The template Residential Sales Agreement can be printed onto sixteen pages.
What do you need to do to use this standard Residential Agreement of Sale?
- Complete the relevant details in the sample rental contract.
- Read the document to ensure that it suits your requirements. Make changes as required.
- Ensure that the Sales Agreement is signed by both the seller and the buyer.
Also known as: Sales Agreement; Offer to Purchase; Property Sales Agreement; Sales Contract; Terms of Sale; Sale Terms and Conditions; Sale of Property Agreement 
When to use this residential agreement of sale
This version is for a house sale where an estate agent has brought the parties together and earns commission on the deal.
The clauses that matter most are the price and deposit, whether the sale depends on the buyer getting a bond, the occupation date and occupational rent, who carries the compliance certificate costs, and how the agent commission is dealt with.
Who this template is for
Sellers, buyers and estate agents handling a residential sale who want the terms recorded properly before money moves.
What you get
- An editable document in Microsoft Word, plus a PDF copy
- Wording drafted and reviewed by a lawyer
- Clauses covering price, deposit, suspensive conditions, occupation and transfer
- An estate agent commission clause
- Instant download after purchase
How to complete it
- Read the document in full before filling anything in
- Describe the property exactly as it appears on the title deed
- Set the deadline for bond approval, and be realistic about it
- Agree the occupation date, occupational rent and the commission arrangement
- All parties sign, and the signed agreement goes to the conveyancer
Good to know
A residential agreement of sale is a template for you to adapt, not legal advice on your transaction. A sale of land in South Africa must be in writing and signed by both parties under the Alienation of Land Act, transfer is handled by a conveyancer, and estate agents are separately regulated, so have an attorney review your final wording before anyone signs.
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