OCCUPATION. 5.1 The date of occupation for purposes of this agreement, is the date of registration of transfer into the purchaser’s name. 5.2 This date therefore does not refer to the actual date of the Purchaser moving onto the property. The Seller cannot give any warranty or guarantee that the Purchaser will obtain vacant occupation of the property on that date, and the Purchaser shall have no claim of whatsoever nature against the Seller should vacant occupation not be obtained on the said date or at all. 5.3 From the date of occupation of the property and pending transfer, the Purchaser shall not sell, let or in any other manner dispose of, or alienate of encumber (whether temporarily or otherwise) the property or cede or assign any of its rights or obligations relating to the occupation thereof, except with the express written consent of the Seller. 5.4 The Seller may within reason assist the Purchaser at the Purchaser’s expense, as may be reasonably necessary and/or required by law, to assist the Purchaser in obtaining vacant occupation of the property, but not to the extent that the Seller obtains any liability to pay for or effect any eviction itself, or obtain any liability in respect of an unsuccessful eviction, or in respected of any damages suffered whatsoever by the Purchaser as a result thereof. 5.5 If the property is leased, this agreement is entered into subject to the rights of the tenants under any existing lease agreement or law, as well as under the Rental Housing Act if applicable and from the date of occupation the Purchaser accepts all pre-existing obligations and liabilities arising from any lease agreement with any tenants, notwithstanding any omission by either the Seller or Property Practitioner to point out such obligations or liabilities.
Appears in 15 contracts
Sources: Agreement of Sale, Agreement of Sale, Agreement of Sale
OCCUPATION. 5.1 The date of occupation for purposes of this agreement, is the date of registration written acceptance of transfer into the purchaser’s nameoffer by the Seller.
5.2 This date therefore does not refer to the actual date of the Purchaser moving onto into the property. The Seller cannot give any warranty or guarantee that the Purchaser will obtain vacant occupation of the property on that date, and the Purchaser shall have no claim of whatsoever nature against the Seller should vacant occupation not be obtained on the said date or at all.
5.3 From the date of occupation of the property and pending transfer, the Purchaser shall not sell, let or in any other manner dispose of, or alienate of or encumber (whether temporarily or otherwise) the property or cede or and assign any of its rights or obligations relating to the occupation thereof, except with the express written consent of the Seller.
5.4 The Purchaser shall pay occupational interest on or before the first day of each and every month directly to the conveyancer, at the rate of 12% (twelve percent) per annum (pro-rated monthly) calculated on the reduced balance of the purchase price remaining after the deposit and any additional amounts paid by the Purchaser towards the purchase price have been deducted, the intention of the parties being that the larger the deposit amount paid by the Purchaser towards the purchase price, the less occupational interest will be paid by the Purchaser. Should the Purchaser so elect, it may deposit the full purchase price with the conveyancer, in which event there shall be no occupational interest payable. Occupational interest commences from the date of occupation up to and including the date of registration of transfer, paid monthly in advance without any deduction or set-off.
5.5 The Seller may within reason assist the Purchaser at the Purchaser’s expense, as may be reasonably necessary and/or required by law, to assist the Purchaser in obtaining vacant occupation of the property, but not to the extent that the Seller obtains any liability to pay for or effect any eviction itself, or obtain any liability in respect of an unsuccessful eviction, or in respected respect of any damages suffered whatsoever by the Purchaser as a result thereof.
5.5 If the property is leased, this agreement is entered into subject to the rights of the tenants under any existing lease agreement or law, as well as under the Rental Housing Act if applicable and from the date of occupation the Purchaser accepts all pre-existing obligations and liabilities arising from any lease agreement with any tenants, notwithstanding any omission by either the Seller or Property Practitioner to point out such obligations or liabilities.
Appears in 1 contract
Sources: Purchase Agreement
OCCUPATION. 5.1 The date of occupation for purposes of this agreement, is the date of registration of transfer into the purchaser’s name.
5.2 This date therefore does not refer to the actual date of the Purchaser moving onto the property. The Seller cannot give any warranty or guarantee that the Purchaser will obtain vacant occupation of the property on that date, and the Purchaser shall have no claim of whatsoever nature against the Seller should vacant occupation not be obtained on the said date or at all.
5.3 From the date of occupation of the property and pending transfer, the Purchaser shall not sell, let or in any other manner dispose of, or alienate of encumber (whether temporarily or otherwise) the property or cede or assign any of its rights or obligations relating to the occupation thereof, except with the express written consent of the Seller.
5.4 The Seller may within reason assist the Purchaser at the Purchaser’s expense, as may be reasonably necessary and/or required by law, to assist the Purchaser in obtaining vacant occupation of the property, but not to the extent that the Seller obtains any liability to pay for or effect any eviction itself, or obtain any liability in respect of an unsuccessful eviction, or in respected of any damages suffered whatsoever by the Purchaser as a result thereof.
5.5 If the property is leased, this agreement is entered into subject to the rights of the tenants under any existing lease agreement or law, as well as under the Rental Housing Act if applicable and from the date of occupation the Purchaser accepts all pre-existing obligations and liabilities arising from any lease agreement with any tenants, notwithstanding any omission by either the Seller or Property Practitioner Auctioneer to point out such obligations or liabilities.
Appears in 1 contract
Sources: Agreement of Sale