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In South Africa, the Alienation of Land Act specifies that any agreement of sale of immovable property must be in writing. In Italy, each transfer of real estate must be registered in front of a notary public in writing. The common practice is for an "exchange of contracts" to take place. This involves two copies of the contract of sale being ...
The contract of sale, as it is known in South Africa today, derives its origins from the Roman consensual contract of emptio venditio.In D 18.1 (the title devoted to the contract of emptio venditio), there is no all-embracing definition of the special contract, but certain critical features can be extracted from the early fragments of the title:
A contract is an agreement entered into by two or more parties with the serious intention of creating a legal obligation; i.e. an obligationary agreement. A contract in South Africa is classified as an obligationary agreement—it creates enforceable obligations—and ought therefore to be distinguished from liberatory agreements (whereby ...
When the conditions on the sale contract have been met, legal title passes to the buyer in what is known as closing. In England and Wales , the terms "purchaser" and "vendor" are used. [ 1 ] Properties that are sold on the basis of equitable title have a legal chain of title intact, and a recorded transfer with the local municipality.
The quitclaim deed is also sometimes used, although this document is most often used to disclaim any interest in a property rather than selling a property that one owns. A grant deed includes a detailed property description, which helps avoid confusion or disputes regarding the boundaries and characteristics of the property being transferred.
A purchase and sale agreement (PSA), also called a sales and purchase agreement (SPA) [1] or an agreement for purchase and sale (APS), [2] is an agreement between a buyer and a seller of real estate property, company stock, or other assets.