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ARTICLE · 06 DECEMBER 2013

Property: Ownership

Most sales of property require the purchaser to obtain finance by way of a loan.

South AfricaFinance and Banking
Junior Professional
Junior Professional

Most sales of property require the purchaser to obtain finance by way of a loan. The sale agreements, which are generally subject to the purchaser obtaining a loan, usually from a bank or other financial institution, almost always provide that payment of all or portion of the purchase price must be secured by one or more guarantees, which will probably be issued by the entity that has granted the loan. Many of these guarantees are payable on the fulfilment of certain conditions. Always included is the transfer of the property, cancellation of any existing mortgage bond/s over the property and registration of a new mortgage bond over the property in favour of the lender.

The issuing of a guarantee does not mean that the transaction will be finalised and that the seller will be paid. A lender could for example withdraw from the guarantee if:

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