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Mou For Sale Of Property Template for India

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Key Requirements PROMPT example:

Mou For Sale Of Property

"I need an MoU for Sale of Property for a commercial building purchase between my company (as buyer) and an individual seller, with a planned completion date of March 2025, including specific clauses for existing tenant rights and staged payment structure."

Document background
The MoU for Sale of Property is a crucial preliminary document in Indian real estate transactions, typically used before the execution of a final sale deed. This document becomes relevant when parties have reached an initial agreement on key terms but need time for due diligence, document verification, and arrangement of finances. Under Indian law, while not all provisions of an MoU are legally binding, certain clauses such as confidentiality and exclusivity can be enforced. The document typically includes property details, purchase price, payment schedule, due diligence requirements, and timelines for completion. It serves as a roadmap for the transaction while protecting both parties' interests during the interim period between initial agreement and final sale. The MoU must comply with Indian contract law principles and consider state-specific property regulations and stamp duty requirements.
Suggested Sections

1. Parties: Details of the seller and buyer, including names, addresses, and legal capacity

2. Background: Context of the transaction, including brief property history and parties' intention to enter into a sale transaction

3. Definitions: Key terms used in the MoU including 'Property', 'Purchase Price', 'Completion Date', etc.

4. Property Details: Comprehensive description of the property including address, dimensions, boundaries, and registration details

5. Purchase Price: Agreed purchase price, payment structure, and payment milestones

6. Due Diligence: Buyer's right to conduct property investigation and seller's obligation to provide necessary documents

7. Conditions Precedent: Conditions that must be satisfied before proceeding with the final sale

8. Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal status

9. Timeline: Expected dates for key milestones including due diligence, payment, and final sale deed execution

10. Costs and Expenses: Allocation of transaction costs including stamp duty, registration fees, and professional fees

11. Binding and Non-Binding Provisions: Clear distinction between which MoU provisions are legally binding and which are not

12. Termination: Circumstances under which the MoU can be terminated and consequences thereof

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and relevant jurisdiction for disputes

Optional Sections

1. Earnest Money Deposit: Terms regarding initial deposit payment, if required

2. Third Party Rights: Required if there are existing tenants or other third-party interests in the property

3. Force Majeure: Provisions for unforeseen circumstances preventing performance, if parties wish to include this protection

4. Confidentiality: Required if parties wish to keep the transaction details confidential

5. Assignment: Include if either party might need to assign their rights under the MoU

6. Broker/Agent Details: Required if property agents or brokers are involved in the transaction

7. Development Rights: Needed if the property has unutilized development potential or TDR

8. Environmental Matters: Required for industrial properties or properties with potential environmental concerns

Suggested Schedules

1. Property Schedule: Detailed property description including exact measurements, boundaries, and included fixtures/fittings

2. Payment Schedule: Detailed breakdown of payment installments and timelines

3. Title Documents List: List of all title and property documents to be reviewed during due diligence

4. Encumbrance Certificate: Recent encumbrance certificate showing any registered transactions or charges

5. Property Tax Receipts: Copies of recent property tax payments and outstanding dues

6. Existing Contracts: Details of any existing contracts affecting the property (lease agreements, maintenance contracts, etc.)

7. Property Pictures and Plans: Recent photographs of the property and approved building plans

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses



































Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Property Development

Hospitality

Retail

Manufacturing

Healthcare

Education

Technology

Agriculture

Relevant Teams

Legal

Real Estate

Compliance

Finance

Operations

Corporate Affairs

Facilities Management

Risk Management

Property Management

Business Development

Corporate Secretarial

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Chief Legal Officer

Property Developer

Asset Manager

Facilities Manager

Real Estate Consultant

Corporate Lawyer

Company Secretary

Chief Financial Officer

Real Estate Portfolio Manager

Transaction Manager

Due Diligence Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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