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The Forward Purchase Agreement (Real Estate) is a crucial document in Indian real estate transactions, particularly for off-plan or under-construction properties. It is commonly used when investors or end-users wish to purchase property that is yet to be constructed or completed, providing a legally binding framework for the future transfer of the property. The agreement must comply with the Real Estate (Regulation and Development) Act 2016 (RERA) and other relevant Indian legislation, including state-specific property laws. It typically includes detailed provisions covering payment structures, construction specifications, completion timelines, quality standards, and statutory compliance requirements. This type of agreement is particularly relevant in developing real estate markets where pre-sale of properties is common, offering protection to both developers seeking project funding and purchasers investing in future developments.

1. Parties: Identification of seller/developer and purchaser with full legal names and addresses

2. Background: Context of the transaction, brief description of the property and development project

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Sale and Purchase Agreement: Core agreement to sell and purchase the property upon completion

5. Purchase Price and Payment Terms: Details of consideration, payment schedule, and payment mechanics

6. Conditions Precedent: Conditions that must be satisfied before completion obligations arise

7. Developer's Obligations: Obligations regarding construction, quality, timelines, and RERA compliance

8. Purchaser's Obligations: Obligations regarding payments, cooperation, and documentation

9. Completion Requirements: Process and requirements for completion of the sale

10. Title and Insurance: Provisions regarding title guarantee and required insurance

11. Representations and Warranties: Key representations and warranties from both parties

12. Default and Termination: Events of default, consequences, and termination rights

13. Indemnification: Indemnity provisions protecting both parties

14. Force Majeure: Provisions dealing with unforeseen circumstances and their impact

15. Notices: Process and requirements for formal communications

16. Governing Law and Dispute Resolution: Applicable law and mechanism for resolving disputes

17. General Provisions: Standard boilerplate clauses including assignment, amendments, etc.