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Offer to purchase | Conveyancing terms

From a conveyancing perspective, the "Offer to Purchase" is a written Agreement setting out the terms and conditions of a property sale. Once accepted and signed by the Buyer, and Seller, the offer to Purchase becomes a valid and legally binding agreement of sale. To be valid the Offer to Purchase must contain the details of the buyer and seller; details of the property sold; as well as the selling price.

Drafting an offer to purchase

Email lawyer@capetownlawyer.co.za to assist you with drafting an offer to purchase, and protecting your interests, before you put in your offer. The offer to purchase is also known as the "property sale agreement", and once signed by both parties becomes the "deed of sale".

Presentation on Drafting an Offer to Purchase Property by CapeTownLawyer, two property attorneys presenting

Conditional Purchase

The purchaser will often want to protect himself by including certain conditions, e.g. making the purchase conditional on himself first selling the property he currently resides in and owns (so that he has sufficient funds available to purchase the new property). In this case the offer to purchase may include wording similar to the following:

This offer to purchase is subject to the suspensive condition that the purchaser's property known as Erf 9999 MyCurrentAbodde is sold for not less than R5 600 000 before or on 19 December 2025."

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Documents required

We will gladly arrange assistance for you with the drafting of the offer to purchase and conveyancing related to your property purchase. Your conveyancing attorneys will likely require the following documents:

  • Copies of the Identity Documents of the Seller and Buyer.
  • Utility Bills reflecting the residential address, not older than 3 months, for the Seller and Buyer.
  • Tax numbers for the Seller and buyer.
  • Details of the Marital Status of the Seller and Buyer.
  • Details of the property and a copy of the Title Deed if the same is in your possession.
  • Bond details if the property is Bonded.
  • Details as to how the purchase price will be paid.
  • Details as to when will the buyer take occupation of the property.
  • Who will be responsible for the Compliance Certificates?

Offer to purchase template

Click here to generate a free offer to purchase template for residential property to take to your conveyancing attorney to finalise.

Property transfer & sale Info

Sellers of property & buyers, speak to a property lawyer before you hire an estate agent!

Conveyancing & property transfer discussion forum

Note that this is a public forum - exercise caution before acting on info and use at own risk. Anybody may ask and answer, and you don't know what their level of expertise is. No information on this website should be acted on without first consulting with a lawyer to test its validity. Do not share private details here.

Property purchase checklist - find good conveyancer near me, decide on offer price, draft offer to purchase, lawyer@capetownlawyer.co.za