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Owner Finance Purchase Agreement
"I need an Owner Finance Purchase Agreement for a commercial property in Mumbai valued at ₹2.5 crore, with a 30% down payment and the remaining amount to be paid over 5 years starting March 2025, including provisions for early payment without penalties."
1. Parties: Identifies and provides full details of the Seller/Financier and the Buyer/Borrower
2. Background: Sets out the context of the agreement, including the Seller's ownership of the property and the Buyer's desire to purchase with owner financing
3. Definitions: Defines key terms used throughout the agreement
4. Property Details: Detailed description of the property being sold, including its legal description and current status
5. Purchase Price and Payment Terms: Specifies the total purchase price, down payment, and financing amount
6. Financing Terms: Details of the owner financing arrangement including interest rate, payment schedule, and loan term
7. Security and Mortgage: Provisions regarding the security interest in the property and mortgage requirements
8. Title and Ownership: Provisions regarding transfer of title, ownership rights, and related obligations
9. Representations and Warranties: Statements and guarantees made by both parties regarding the property and their capacity to enter the agreement
10. Default and Remedies: Consequences of default and available remedies for both parties
11. Insurance and Maintenance: Requirements for property insurance and maintenance obligations
12. Property Taxes and Expenses: Allocation of responsibility for property taxes and other expenses
13. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for disputes
14. Notices: Process for serving formal notices between parties
15. General Provisions: Standard contractual provisions including amendments, severability, and entire agreement clauses
1. Pre-Payment Rights: Include when allowing early payment of the loan without penalty
2. Property Inspection: Include when the property requires specific inspection conditions or has known issues
3. Escrow Requirements: Include when an escrow account is required for taxes and insurance
4. Transfer Restrictions: Include when there are specific restrictions on the Buyer's right to transfer the property
5. Construction or Renovation: Include when the property requires or permits specific construction or renovation work
6. Occupancy Requirements: Include when there are specific requirements about property occupancy
7. Environmental Provisions: Include when there are environmental concerns or requirements
8. Homeowners Association: Include when the property is part of a homeowners association
1. Schedule A - Property Description: Detailed legal description of the property including boundaries, certificates, and permits
2. Schedule B - Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest calculations
3. Schedule C - Property Inspection Report: Results of property inspection and list of any identified issues
4. Schedule D - Existing Encumbrances: List of any existing liens, encumbrances, or restrictions on the property
5. Schedule E - Insurance Requirements: Detailed specifications for required insurance coverage
6. Appendix 1 - Property Documents: Copies of property cards, tax receipts, and other relevant property documents
7. Appendix 2 - Property Photos: Recent photographs of the property and its major features
8. Appendix 3 - Maintenance Standards: Detailed standards for property maintenance and upkeep requirements
Authors
Real Estate
Property Development
Banking & Finance
Legal Services
Insurance
Construction
Housing Finance
Property Management
Residential Real Estate
Commercial Real Estate
Legal
Real Estate
Compliance
Finance
Risk Management
Property Management
Documentation
Business Development
Operations
Advisory Services
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Real Estate Developer
Property Consultant
Financial Advisor
Mortgage Specialist
Title Officer
Real Estate Investment Manager
Contract Manager
Property Valuation Expert
Legal Documentation Specialist
Risk Assessment Manager
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