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MEMORANDUM OF AGREEMENT OF SALE

Made and entered into

AARON MATUMBA
National Identity Number: 29- 205458 M 29
(Born on: 08/061982)
Residing at no: ………. , HARARE
(Hereinafter referred to as the “Seller”)

And

MAYBE WENDY BASIRA


National Identity Number: 02- 083565 T07
(Born on: 18/02/1992)
Residing at no: …..…… , HARARE

(Hereinafter referred to as “Purchaser”)

WHEREAS the Seller is the registered owner of rights in a certain piece of land situate in the District of
Salisbury called GRACELAND, Harare, measuring 220 square meters (Hereinafter referred to as “the
property”). A vacant stand.

AND WHEREAS the Seller is desirous of selling the property to the purchaser.

AND WHEREAS the purchaser is desirous of purchasing the property on the terms and conditions
hereinafter set out.

NOW THEREFORE THESE PRESENTS WITNESSETH THAT THE PARTIES have AGREED THAT:

CONDITIONS OF SALE

1. AGREEMENT
The Seller hereby sells the property to the Purchaser for the amount of US$13 000.00 (THIRTEEN
Thousand United States Dollars)

2. TERMS OF PAYMENT

2.1 The purchaser paying a once off payment.

3. DEFINITIONS

Words describing the Purchaser or the Seller and imputing the masculine and/or singular in this
Agreement shall be taken to include the feminine and/or plural. Seller and Purchaser shall include their
heirs, Executors and Administrators.

4. OCCUPATION

The Seller shall give vacant possession of the property to the Purchaser on receipt of the agreed
percentage or on such other earlier date as shall be mutually agreed by the parties in writing.

5. RISK AND PROFIT

5.1 The risk and profit in the property shall pass to the Purchaser on transfer or on date of occupation,
whichever is sooner.

5.2 The Purchaser shall be responsible for the payment of rates and taxes and all other charges,
including levies due in respect of the property as from the date when the risk and profit passes.

5.3 The Purchaser shall be responsible for the insurance of the property against all usual risks as from
the date when the risk and profit passes.

5.4 The Seller shall be responsible for the insurance of the property against all usual risks until the day
prior to the date when the risk and profit passes.

6. TRANSFER

6.1 Transfer of the property to the Purchaser shall, subject to due compliance by the Purchaser with her
obligations hereunder, be effected by who shall tender transfer to the Purchaser within 14 working days
from the date of payment of the full purchase price.

6.2 The Purchaser shall provide to within seven (7) working days of being called upon to do so:

6.2.1 All costs of transfer, government stamp duty and any other costs and charges that may be due by
them.

6.2.2 Such data, information and documents (duly completed) as may be requested in order to effect
the transfer.

7. CONDITION OF PROPERTY

7.1 The property is sold VOETSTOOTS together with all permanent fixtures and fittings in the condition
they are.

7.2 The Seller shall be responsible for any defects in the property, whether patent or latent, which may
now exist or may in the future be found to exist, nor shall the Seller be liable for any material statement
or statements concerning the property except such material statements as are included in this
Agreement and signed by the Purchaser and the Seller.

7.3 The Purchaser acknowledges that he/she has inspected the property and that she is satisfied as to
the nature and condition thereof, any servitudes or leases to which the land may be subject and its
extent boundaries, beacons and locality, hereby waiving and abandoning any claim he / she may
otherwise have had against the Seller for any deficiency in area and the Purchaser confirms that he / she
is aware of the provisions of the Title Deeds of the property and of all terms and conditions relating to
the development of which the property forms part including all and any homeowners and occupiers
Rules.

8. DEFAULT

8.1 Save for default in due payment of the purchase price and transfer costs which shall not be subject
to this clause, in the event of the Purchaser failing to observe or perform fully any of the other
obligations or stipulations contained herein and incumbent upon her, and failing to rectify such breach
within seven [7] days of notice calling upon her to do so, then and in such event, the Seller shall be
entitled, without prejudice to any other claim the Seller may have against the Purchaser to:

8.2 Enforce it and claim interest on the full purchase price at the rate of 15% per annum for the period
of the default.

8.3 If the seller is in default, the Purchaser shall have the right either to cancel this Agreement and claim
full refund of the purchase price and damages or to enforce this agreement and claim damages.

9. NON-PREJUDICE CLAUSE

Notwithstanding any express or implied provisions of this Agreement to the contrary, any latitude or
extension of time which may be allowed by one party to the other in respect of payments or any other
obligations due hereunder or any relaxation of any provisions of this Agreement shall not under any
circumstances be deemed to be a waiver of the party’s rights under this Agreement.

10. NOTICES

10.1.1 The Seller and the Purchaser hereby choose as their respective DOMICILIUM CITANDI ET
EXECUTANDI for all purposes of this Agreement their addresses set out on page 1 hereto or such other
address or addresses as the parties may from time to time notify each other in writing.

10.1.2 All notices required to be given in terms of this Agreement and all process shall be deemed to
have been validly given or served if addressed to the party concerned and delivered to the given
domicillium or email address.

11. CAPITAL GAINS TAX CERTIFICATE

11.1.1 It shall be the Seller’s obligation to obtain a Capital Gains Tax Clearance Certificate from the
Zimbabwe Revenue Authority (ZIMRA).

11.1.2 The Seller acknowledges that Capital Gains Tax is a first statutory charge against the purchase
price, and he shall be liable to pay such tax on assessment, unless he qualifies for a whole or part
exemption there from.
13. WHOLE AGREEMENT

This Agreement constitutes the entire contract between the parties hereto.

13.1 No warranty, representation, promise or undertaking has been given or made by either party to the
other except as recorded in this Agreement;

13.2 No variation in this Agreement shall be valid unless reduced to writing and signed by or on behalf of
the parties hereto.

14. APPLICABLE LAW

Zimbabwean law shall apply to this transaction.

15. DISPUTE RESOLUTION

Any dispute arising from this transaction directly or indirectly shall be dealt with and resolved through
arbitration in terms of the Arbitration Act. The parties shall agree on and appoint an Arbitrator within 10
working days of the other party requesting the other party to agree on the appointment of an arbitrator
and failing such an agreement, the dispute shall be dealt with by an Arbitrator appointed by the
Chairman for the time being of the Commercial Arbitration Centre at Harare on the written application
of either party which application shall be copied to the other party.

16. COSTS OF THIS AGREEMENT

The Purchaser shall be liable for the costs of this Agreement.

IN WITNESS WHEREOF the parties have hereunto set their hands.

SIGNED by the SELLER at Harare this……………………day of………………………………… 2023.

AS WITNESSES:

1…………………………… ……………….…….………………………………………………

Name Surname

2 …………………………..

SIGNED by the PURCHASERS at HARARE this……………….day of…………………………… 2023.

AS WITNESSES:

1.…………………………… …………………………………………………………………….

Name Surname

2…………………………….

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