SALE OF A MOTOR VEHICLE AGREEMENT
entered into between:
___________________________________________
(Full Name and Surname)
(Id number:__________________)
(hereinafter “the Purchaser”)
AND
____________________________________________
(Full Name and Surname)
(Id number:__________________)
(hereinafter “the Seller”)
1. DEFINITION AND INTERPRETATION
In this agreement, the following expressions shall, unless otherwise stated or inconsistent with the
context in which they appear, bear the following meanings and cognate expressions shall bear
corresponding meanings:
1.1 “Delivery Date” shall mean the date upon which the Purchaser makes payment of the full
purchase price to the Seller;
1.2 “Purchase Price” shall mean the amount of R___________________(Insert amount in
numbers)________________________________ (Insert Amount in words);
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1.3 “Purchaser” shall mean_________________________________ (Insert Name and Surname of
Purchaser as above) with identification number:____________________________ (Insert
identification number);
1.4 “Seller” shall mean ______________________________________ (Insert Name and Surname
of the Seller as above) with identification number: __________________________________
(Insert identification number);
1.5 “ Vehicle” shall mean:
Make: ________________________________________________
Model: ________________________________________________
Year: ________________________________________________
Registration Number: ___________________________________
2. SALE OF VEHICLE
The Seller hereby sells to the Purchaser, who purchases, the Vehicle (including all of its fixtures and
accessories) on the terms and conditions contained in this agreement.
3. PAYMENT OF PURCHASE PRICE
3.1 The Purchase Price of the vehicle is the sum of R_____________________ (Insert Amount);
3.2 The Purchase Price shall be paid by the Purchaser to the Seller in full on or before the Delivery
Date;
3.3 The Purchase Price shall be paid to the Seller into the Seller’s nominated bank account by way
of electronic transfer, which Purchase Price will be paid within 5 (FIVE) calendar days from date
of signature of this agreement by both parties.
4. DELIVERY AND TRANSFER OF OWNERSHIP
4.1 Against full payment of the Purchase Price, the Seller shall deliver the Vehicle to the Purchaser
on the Delivery Date;
4.2 Until such time as the Purchaser has paid the full Purchase Price of the Vehicle to the Seller,
ownership in the Vehicle shall remain vested in the Seller;
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4.3 Risk in and in relation to the Vehicle shall pass from the Seller to the Purchaser on the Delivery
Date;
4.4 The Purchaser shall be liable for all traffic fines and e-toll accounts that the Purchaser incurs
from Date of Delivery of the vehicle to date of transfer of ownership to the Purchaser, and the
Purchaser shall pay such amounts to the Seller on receipt of demand by the Seller to do so.
5. WARRANTIES
5.1 The Purchaser warrants that the Purchaser has undertaken a complete inspection of the vehicle
and has completed a test drive of the vehicle, and has fully familiarised himself/herself with the
condition of the Vehicle. Save for the warranties contained in this clause, the Vehicle is sold
“Voetstoots” and the Seller gives no warranties or representations, express or implied,
concerning the condition of the Vehicle and/or the suitability of the vehicle for any purpose
whatsoever. The Seller warrants that:
5.1.1 the Seller has the full right and authority to sell and transfer the Vehicle and hereby
indemnifies the Purchaser against ejectment;
5.1.2 the Seller warrants that the Vehicle is sold free of liens and encumbrances;
5.1.3 the Seller warrants that the Seller will upon receipt of the full Purchase Price sign all
such forms and deliver to the Purchaser such documents as may be necessary to
enable the Purchaser to register the Vehicle in the Purchasers name.
5.2 The Seller indemnifies and holds the Purchaser harmless against any claims, costs, damages or
losses suffered as a result of a breach of the warranties contained in 5.1 above.
6. NOTICES
For the purposes of this agreement, including the giving of notices and the serving of legal process,
the parties choose their domicilium citandi et executandi at the below physical address:
6.1.1 The Purchaser at: _______________________
_______________________
_______________________
_______________________
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Email Address: _______________________
6.1.2 The Seller at: _______________________
_______________________
_______________________
_______________________
Email Address: _______________________
6.2 The parties may change their chosen address to any physical address in South Africa provided
that such change shall only take effect 10 (Calendar) days after the other party has received
written notice of the change.
7. BREACH
Should any Party (defaulting party) commit a breach of any provision of this Agreement and fail to
remedy such breach, or if the breach is not capable of remedy, failing to implement remedial action
acceptable to the other Party, within 14 days of receiving a written notice from the other Party
(aggrieved party) requiring the defaulting party to do so, the aggrieved party shall be entitled, in
addition to its other remedies in law or in terms of this Agreement, to cancel this Agreement forthwith
and without prejudice to its rights to claim damages.
8. MISCELLANEOUS
8.1 This agreement constitutes the entire agreement between the parties in relation to the subject
matter hereof and no party shall be bound by any representations, warranties, undertakings or
the like not recorded herein;
8.2 No addition to or variation, consensual termination or novation of this agreement, and no waiver
of any right arising from this agreement or its breach or termination shall be valid or enforceable
unless it is in writing and signed by both parties;
8.3 No failure to enforce, or delayed or partial enforcement of, a right by any party shall prejudice or
derogate from the rights of such party under this agreement, nor shall it constitute a waiver or
novation of that party’s rights under this agreement and it shall not estop or otherwise prevent
such party from enforcing at any time all its rights arising out of this agreement.
8.4 This agreement shall be governed by and interpreted in accordance with South African law.
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DATED AT ……………………………………. on this ……………. day of …...……….........................(insert
month) ...............(insert year)
The Seller:
..................................................................................
AS WITNESS:
..................................................................................
Insert Name
DATED AT ……………………………………. on this ……………. day of …...……….........................(insert
month) ...............(insert year)
The Purchaser:
..................................................................................
INSERT / For and on behalf of INSERT
AS WITNESS:
..................................................................................
Insert name:
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