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Property Sale Agreement Clauses
Summary
Drafting a property sale agreement involves clauses such as parties, property description, purchase price, mortgage conditions, and transfer of ownership. For legal representation at the CCMA, an application under Rule 25(2) is needed, outlining the disputes nature and reasons for representation. A charge sheet for misconduct should detail charges, evidence, and formalities.Full Conversation
A bank refers Peter Smith and John Drake to you. They have concluded an agreement
for the purchase and sale of an immovable property described as Erf *,
Pietermaritzburg. The property is owned by the Peter Smith Family Trust and Peter
smith is the trustee empowered to conclude the agreement by virtue of resolution of
the trustees. The purchase price is R * *.
The sale is conditional upon the purchaser obtaining a mortgage/loan (bond for R *
*. Using any additional facts which you consider necessary draw the clauses which
you would include in the agreement which.
It sounds like you need help drafting clauses for the purchase agreement of the property. Here are some essential clauses you might consider including:
*. Parties Clause:
- The agreement is between Peter Smith Family Trust (Seller) and John Drake (Purchaser).
*. Property Description Clause:
- The property described as Erf *, Pietermaritzburg.
*. Purchase Price Clause:
- The purchase price is R950,*.
*. Mortgage Condition Clause:
- The sale is conditional upon the purchaser obtaining a mortgage/loan (bond) for R750,* within 30 days of signing the agreement.
*. Resolution of Trustees Clause:
- Confirmation that Peter Smith, as trustee, is empowered to conclude the agreement by virtue of resolution of the trustees.
*. Transfer of Ownership Clause:
- Ownership will be transferred upon full payment and registration of the property.
*. Possession and Occupation Clause:
- Possession and occupation will be given to the purchaser upon transfer of ownership.
*. Default Clause:
- Terms outlining consequences if either party defaults on the agreement.
*. Dispute Resolution Clause:
- Procedures for resolving any disputes arising from the agreement.
Would you like more detailed information on any specific clause?
*. Parties Clause:
- The agreement is between Peter Smith Family Trust (Seller) and John Drake (Purchaser).
*. Property Description Clause:
- The property described as Erf *, Pietermaritzburg.
*. Purchase Price Clause:
- The purchase price is R950,*.
*. Mortgage Condition Clause:
- The sale is conditional upon the purchaser obtaining a mortgage/loan (bond) for R750,* within 30 days of signing the agreement.
*. Resolution of Trustees Clause:
- Confirmation that Peter Smith, as trustee, is empowered to conclude the agreement by virtue of resolution of the trustees.
*. Transfer of Ownership Clause:
- Ownership will be transferred upon full payment and registration of the property.
*. Possession and Occupation Clause:
- Possession and occupation will be given to the purchaser upon transfer of ownership.
*. Default Clause:
- Terms outlining consequences if either party defaults on the agreement.
*. Dispute Resolution Clause:
- Procedures for resolving any disputes arising from the agreement.
Would you like more detailed information on any specific clause?
Draft a rule *(*) application for legal representation at the CCMA. It is a matter
relating to misconduct where the employee was dismissed for racial, physical and
verbal abuse.
On the same set of facts, draft a charge sheet in respect of the above with full details
of not only the charges but the formalities as well.
Rule *(*) Application for Legal Representation at the CCMA
Commission for Conciliation, Mediation, and Arbitration (CCMA)
Case Number: [Insert Case Number]
Applicant: [Employee's Name]
Respondent: [Employer's Name]
APPLICATION FOR LEGAL REPRESENTATION IN TERMS OF RULE *(*)
*. Introduction:
- I, [Employee's Name], the Applicant in the above matter, hereby apply for the right to legal representation in terms of Rule *(*) of the CCMA Rules.
*. Details of the Applicant:
- Full Name: [Employee's Name]
- ID Number: [ID Number]
- Contact Number: [Contact Number]
- Address: [Address]
*. Details of the Respondent:
- Full Name: [Employer's Name]
- Contact Number: [Contact Number]
- Address: [Address]
*. Nature of the Dispute:
- The dispute concerns my dismissal for alleged misconduct, specifically involving accusations of racial, physical, and verbal abuse.
*. Reasons for Requesting Legal Representation:
- The complexity of the legal and factual issues involved in this matter.
- The severe consequences that the outcome of this case may have on my future employment prospects.
- The need for professional legal expertise to ensure a fair and just hearing.
*. Conclusion:
- In light of the above, I respectfully request that the CCMA grant my application for legal representation.
Signed at [Location] on this [Date] day of [Month], [Year].
____________________________
[Employee's Name]
---
Commission for Conciliation, Mediation, and Arbitration (CCMA)
Case Number: [Insert Case Number]
Applicant: [Employee's Name]
Respondent: [Employer's Name]
APPLICATION FOR LEGAL REPRESENTATION IN TERMS OF RULE *(*)
*. Introduction:
- I, [Employee's Name], the Applicant in the above matter, hereby apply for the right to legal representation in terms of Rule *(*) of the CCMA Rules.
*. Details of the Applicant:
- Full Name: [Employee's Name]
- ID Number: [ID Number]
- Contact Number: [Contact Number]
- Address: [Address]
*. Details of the Respondent:
- Full Name: [Employer's Name]
- Contact Number: [Contact Number]
- Address: [Address]
*. Nature of the Dispute:
- The dispute concerns my dismissal for alleged misconduct, specifically involving accusations of racial, physical, and verbal abuse.
*. Reasons for Requesting Legal Representation:
- The complexity of the legal and factual issues involved in this matter.
- The severe consequences that the outcome of this case may have on my future employment prospects.
- The need for professional legal expertise to ensure a fair and just hearing.
*. Conclusion:
- In light of the above, I respectfully request that the CCMA grant my application for legal representation.
Signed at [Location] on this [Date] day of [Month], [Year].
____________________________
[Employee's Name]
---
Charge Sheet in Respect of Misconduct
Charge Sheet
Employer: [Employer's Name]
Employee: [Employee's Name]
Date of Hearing: [Date]
Venue: [Venue]
Charges:
*. Charge *: Racial Abuse
- Details: On [Date], at [Location], you made racially discriminatory remarks towards [Individual's Name], a colleague, referring to their race in a derogatory manner.
- Evidence: Statements from witnesses [Witness Names], recorded audio of the incident, and written complaints.
*. Charge *: Physical Abuse
- Details: On [Date], at [Location], you engaged in physical altercation with [Individual's Name], resulting in harm and injury.
- Evidence: Medical reports, witness statements, CCTV footage.
*. Charge *: Verbal Abuse
- Details: On [Date], at [Location], you verbally abused [Individual's Name] using inappropriate and offensive language.
- Evidence: Witness statements, recorded audio, written reports.
Formalities:
- Right to Representation: You have the right to be represented by a fellow employee or a trade union representative.
- Witnesses: You are entitled to call witnesses to support your case.
- Documents: You have the right to present any documents relevant to your defense.
- Procedure: The hearing will proceed with the presentation of evidence by both parties, followed by cross-examination and closing arguments.
Consequences of Misconduct:
- Dismissal
- Final Written Warning
- Suspension without pay
- Any other appropriate disciplinary action
Signed at [Location] on this [Date] day of [Month], [Year].
____________________________
[Employer's Name]
[Employer's Designation]
Charge Sheet
Employer: [Employer's Name]
Employee: [Employee's Name]
Date of Hearing: [Date]
Venue: [Venue]
Charges:
*. Charge *: Racial Abuse
- Details: On [Date], at [Location], you made racially discriminatory remarks towards [Individual's Name], a colleague, referring to their race in a derogatory manner.
- Evidence: Statements from witnesses [Witness Names], recorded audio of the incident, and written complaints.
*. Charge *: Physical Abuse
- Details: On [Date], at [Location], you engaged in physical altercation with [Individual's Name], resulting in harm and injury.
- Evidence: Medical reports, witness statements, CCTV footage.
*. Charge *: Verbal Abuse
- Details: On [Date], at [Location], you verbally abused [Individual's Name] using inappropriate and offensive language.
- Evidence: Witness statements, recorded audio, written reports.
Formalities:
- Right to Representation: You have the right to be represented by a fellow employee or a trade union representative.
- Witnesses: You are entitled to call witnesses to support your case.
- Documents: You have the right to present any documents relevant to your defense.
- Procedure: The hearing will proceed with the presentation of evidence by both parties, followed by cross-examination and closing arguments.
Consequences of Misconduct:
- Dismissal
- Final Written Warning
- Suspension without pay
- Any other appropriate disciplinary action
Signed at [Location] on this [Date] day of [Month], [Year].
____________________________
[Employer's Name]
[Employer's Designation]
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