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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".

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."

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 (click here to see a home loan repayment calculator, with property transfer costs and bond registration fees).
• 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.

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Property transfer & sale Info

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

• The property transfer process in South Africa - protect your interests.
• Conveyancing lawyers in Cape Town.
  • Checklist to help you identify the best conveyancer near you.
  • Bellville conveyancing attorneys
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• Transfer costs calculator for property anywhere in South Africa.
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    • Fixed fee conveyancing in South Africa. Possible?
    • Understanding the various conveyancing costs.
    • Conveyancing quote
    • New conveyancing fees from 27 May 2024
  • Deeds office fees 29 Feb 2024.
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  • Transfer Duty calculator
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• Deeds Registeries Act.
• Servitudes
  • Usufruct Agreement on Property in South African law.
    • Usufruct value calculator (only one in South Africa)
• Land conveyancing
• Transfer attorney vs bond attorney.
• Commercial Property:
  • Transferring property as a going concern.
  • Commercial Property conveyancing quote
• Marriage/Divorce-related:
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  • Conveyancers conduct the transfer of property ownership from one spouse to another (or to a third party, if relevant).
  • Liquidator to sell property & divide proceeds as part of divorce.
• Property sales
  • Use conveyancer to guide your private property sale.
  • Instead of using real estate agents rather use professional lawyers to sell your property.
  • Urgent house sale.
  • How to check whether an estate agent is licensed.
  • Example of a property sales agreement.
  • FLISP Housing subsidies.
  • Property practitioner's Act.
  • Code to guide conduct of property practitioners.
• Property purchases
  • Scams property purchasers should watch out for.
  • Home loan repayments calculator, with an estimate of the adjustment to prime to reflect the borrower's credit risk profile.
• Terminology
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  • Compliance certificates
  • Conveyancer's certificate
  • Deed of Sale
  • Deeds officer examiner
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  • Offer to purchase
  • Property sale agreement
  • Property search
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  • Suspensive condition
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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.