While these are the fundamentals that need to be included, there are many additional clauses that are usually contained in a sales contract and are considered best practices. For example, because of the monetary value of these transactions, most real estate sales depend on whether a buyer gets either a home loan or sells their current home. Therefore, a clause to that effect is often included, according to which the contract of sale is subject to compliance with these conditions. In addition, to protect the seller`s interests, an often contained clause is a clause that allows the seller to give the buyer a set period (usually 72 hours) within which he can fulfill the conditional clauses, failing which a subsequent offer from another buyer can be accepted. The amount of the money from the tokens is indicated in the agreement with the check number (or details in case of using another payment method). The conditions for repayment and forfeiture of the allowance shall be laid down. The conditions for the expiration of money are very important. In a decision of Royal Anthem Investments 129 (Pty) Ltd v Yuen Fan Lau and Shun Cheng Liang (941/2012) (2014) (ZASCA 19) (26). March 2014), the General Court had to interpret a Rouwkoop clause in a sales contract worded as follows: „Will he have the right to terminate the contract and retain amounts other than Rouwkoop or by a pending decision of a court on the damage actually suffered“. At the time of signing the sales contract, the buyer pays X amount in the form of token money. The standard clause is agreed that if the buyer leaves the company, the total amount of the tokens is cancelled by the seller. I would suggest adding another line in this clause that if the seller does not withdraw from the transaction, the seller returns the amount of tokens paid by the buyer with the corresponding amount as a penalty.
If this clause is not fixed, the seller will continue to look for a new buyer who can pay more. He will cancel the agreement if he gets a new buyer at a higher price before the execution of the deed of sale. It is advisable to enlist the help of a good lawyer for the task. But even if you resort to the help of a lawyer, it is still good to be aware of the case in the sales contract you have signed. Some clauses, if not examined, could cause considerable problems in the future….