Alienation Of Property Agreement

Disposal clauses – also known as sale clauses – are generally a norm, particularly in the mortgage industry. It is therefore difficult to find a mortgage agreement that does not have an disposal clause. Lenders include the clause in mortgage contracts for commercial and residential real estate, so that first-time buyers cannot accept an existing mortgage. This guarantees the full repayment of the debt in the event of the sale of real estate or the transfer of the property to another party. The disposal clause essentially frees the borrower from its obligations to the lender, since the proceeds of the sale of the home pay the mortgage balance. Article 1234 of the Civil Code of the Russian Federation regulates the terms of agreements to alienation of the exclusive right to the result of intellectual activities or means of individualization when a party (a right holder) cedes or fully commits its exclusive right to another party (an agent). The terms “goods” and “services” are not defined in the NCA. However, the Consumer Protection Act, 2008 (CPA) Definition of “goods” includes “legal interest in land or other land,” and a “service” within the meaning of the CPA includes “a right to occupation, power or privilege over or in connection with land or other property, property other than a lease.” If the exclusive right has not been transferred to the transferee, the right holder, if he has not fulfilled his contractual obligation to pay compensation for the acquisition of the exclusive right within the time stipulated by the contract, may unilaterally renounce the contract and seek compensation. If the buyer is a small legal entity that borrows more than R250,000, the provisions of the NCA do not apply to the creditor (seller) or the credit contract (term purchase contract). If the purchaser is a large corporation (annual turnover or assets greater than R1 million), the provisions of the NCA do not apply, regardless of the amount of money borrowed. Sellers and/or potential buyers may, in certain circumstances, use the method of agreeing on the sale of rates to buy or sell certain properties in the real estate market. This process is governed by the Alienation of Land Act 68 of 1981, the Conventional Penalties Act 15 of 1962 and the National Credit Act 34 of 2005 (NCA), making it an alternative with a strong legal framework.