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Real Estate Purchase Agreement
I need a real estate purchase agreement for a residential property in Dublin, including clauses for a 10% deposit, a 30-day closing period, and a contingency for financing approval. The agreement should also address property inspections and include a provision for resolving any discovered issues before closing.
What is a Real Estate Purchase Agreement?
A Real Estate Purchase Agreement is the key legal contract between property buyers and sellers in Ireland. It spells out the exact terms of a property sale, including the agreed price, deposit amount, and when the deal will close. This binding document, often prepared by a solicitor, must follow Irish conveyancing laws and Land Registry requirements.
Once both parties sign the agreement (also called a contract for sale), it creates firm legal obligations. The document covers important details like property boundaries, planning permissions, and any special conditions of the sale. It also includes the BER certificate rating and sets out what happens if either party backs out of the deal.
When should you use a Real Estate Purchase Agreement?
You need a Real Estate Purchase Agreement whenever you're buying or selling property in Ireland. This includes residential homes, commercial buildings, land parcels, or investment properties. The agreement becomes essential right after you've negotiated the price and basic terms, but before paying any deposit or moving forward with the sale.
Most Irish property transactions require this agreement when moving from verbal discussions to formal commitments. It's particularly important when dealing with special conditions like planning permission requirements, property boundary adjustments, or specific closing date needs. Getting this agreement in place early protects both parties and creates a clear roadmap for completing the sale.
What are the different types of Real Estate Purchase Agreement?
- Home Purchase Contract: Standard agreement for residential property sales, covering essential terms like price, deposit, and closing dates for private homes.
- Commercial Real Estate Purchase Agreement: More complex version for business properties, including specific clauses for tenant rights and commercial zoning.
- Land Purchase Contract: Specialized agreement for undeveloped land, focusing on planning permissions and development rights.
- Buyers Agreement Contract: Simpler version often used for straightforward transactions with minimal conditions.
Who should typically use a Real Estate Purchase Agreement?
- Property Sellers: Owners who initiate the Real Estate Purchase Agreement, providing property details and setting initial terms.
- Property Buyers: Individuals or companies who review and negotiate the agreement terms before committing to the purchase.
- Solicitors: Legal professionals who draft, review, and ensure the agreement complies with Irish property law.
- Estate Agents: Facilitate negotiations and help structure key terms of the agreement between parties.
- Lending Institutions: Banks or mortgage providers who may review the agreement as part of their lending approval process.
- Property Surveyors: Professionals who verify property boundaries and conditions referenced in the agreement.
How do you write a Real Estate Purchase Agreement?
- Property Details: Gather exact address, folio number, and boundary information from Land Registry records.
- Seller Documentation: Collect proof of ownership, BER certificate, and planning permission records.
- Price Terms: Document the agreed purchase price, deposit amount, and payment schedule.
- Special Conditions: List any specific requirements, like property repairs or planning permission needs.
- Timeline Details: Set clear closing dates and key milestone deadlines.
- Party Information: Include full legal names and current addresses of all buyers and sellers.
- Legal Review: Use our platform to generate a legally-sound agreement that meets Irish property law requirements.
What should be included in a Real Estate Purchase Agreement?
- Property Identification: Full legal description, folio number, and boundaries as registered with the Land Registry.
- Purchase Price: Exact amount, deposit terms, and payment schedule clearly stated.
- Party Details: Complete legal names and addresses of all buyers, sellers, and witnesses.
- Title Covenants: Seller's warranty of good title and commitment to resolve any title issues.
- Closing Terms: Specific completion date and conditions for transfer of ownership.
- Planning Status: Current zoning, permissions, and any relevant restrictions.
- BER Details: Current Building Energy Rating certificate information.
- Special Conditions: Any agreed repairs, fixtures, or specific terms of sale.
What's the difference between a Real Estate Purchase Agreement and a Real Estate Contract?
A Real Estate Purchase Agreement differs significantly from a Real Estate Contract in several key ways, though they're often confused in the Irish property market. While both deal with property transactions, their scope and purpose vary considerably.
- Legal Formality: A Purchase Agreement is more comprehensive and formally binding, containing all final terms and conditions, while a Real Estate Contract often serves as an initial agreement or memorandum of understanding.
- Timing of Use: Purchase Agreements come into play at the final stage of negotiations, while Real Estate Contracts are typically used earlier in the process to outline basic terms.
- Level of Detail: Purchase Agreements include specific closing requirements, title warranties, and detailed property descriptions, whereas Real Estate Contracts generally contain broader terms and conditions.
- Legal Effect: Purchase Agreements create immediate binding obligations under Irish law, while Real Estate Contracts may serve more as framework documents pending final agreement.
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