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Memorandum Of Contract For Sale And Purchase Of Property
"I need a Memorandum of Contract for Sale and Purchase of Property for a residential flat purchase in Mumbai, with completion scheduled for March 2025, including standard payment terms with a 10% deposit."
1. Parties: Details of the vendor/seller and purchaser/buyer including full names, addresses, and legal capacity
2. Background: Brief context of the transaction and property ownership history
3. Definitions: Key terms used throughout the agreement including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Details: Comprehensive description of the property including address, boundaries, and registration details
5. Purchase Price: Agreed purchase price, payment terms, deposit amount, and payment schedule
6. Completion: Completion date, venue, and process for transfer of possession
7. Title and Transfer: Vendor's warranty of title and process for executing transfer documents
8. Vendor's Representations and Warranties: Warranties regarding property ownership, encumbrances, and legal compliance
9. Purchaser's Representations and Warranties: Warranties regarding capacity to purchase and financial ability
10. Conditions Precedent: Conditions that must be satisfied before completion
11. Default and Remedies: Consequences of default by either party and available remedies
12. Notices: Process and addresses for serving notices under the contract
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Existing Tenancies: Details of any existing tenancies and their treatment post-sale
2. Development Permissions: Where property has development potential, details of existing or required permissions
3. Property Management: Interim arrangements for property management between contract and completion
4. Tax Matters: Specific arrangements regarding tax liabilities and compliance
5. Environmental Matters: For properties with environmental concerns or compliance requirements
6. Pending Litigation: Details of any ongoing legal proceedings affecting the property
7. Third Party Rights: Details of any rights of third parties over the property
8. Force Majeure: Provisions for unforeseen circumstances preventing completion
1. Property Description Schedule: Detailed description including floor plans, boundaries, and measurements
2. Title Documents Schedule: List of all title documents and their copies
3. Payment Schedule: Detailed breakdown of payment terms and installments
4. Encumbrances Schedule: List of existing charges, mortgages, or liens on the property
5. Inventory Schedule: List of fixtures and fittings included in the sale
6. Compliance Documents: Copies of regulatory approvals, permits, and certificates
7. Outstanding Works Schedule: List of pending repairs or improvements to be completed before transfer
8. Property Tax Schedule: Details of property tax payments and pending dues
Authors
Real Estate
Construction
Banking and Finance
Legal Services
Property Development
Urban Planning
Infrastructure
Hospitality
Retail
Industrial
Legal
Real Estate
Compliance
Property Management
Business Development
Risk Management
Finance
Operations
Acquisitions
Document Management
Real Estate Lawyer
Property Manager
Legal Counsel
Real Estate Agent
Property Developer
Compliance Officer
Title Examiner
Real Estate Analyst
Property Valuer
Business Development Manager
Real Estate Investment Manager
Contract Manager
Legal Operations Manager
Land Acquisition Manager
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