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Real Estate Installment Sales Contract Template for India

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Real Estate Installment Sales Contract

"I need a Real Estate Installment Sales Contract for a commercial property in Mumbai, with monthly installments over 36 months starting March 2025, including specific provisions for early payment options and property maintenance during the installment period."

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What is a Real Estate Installment Sales Contract?

The Real Estate Installment Sales Contract is a specialized agreement used in Indian property transactions where the buyer agrees to purchase property through a series of scheduled payments rather than a single payment. This contract type is particularly useful for buyers who prefer or require a structured payment plan and sellers willing to accept deferred payment. The document must comply with Indian property laws, including the Transfer of Property Act 1882, Registration Act 1908, and Real Estate (Regulation and Development) Act 2016. It typically includes detailed property descriptions, payment schedules, possession terms, default provisions, and conditions for final title transfer. This type of contract is commonly used in both residential and commercial property transactions throughout India, providing a secure legal framework for installment-based property purchases while protecting both parties' interests throughout the payment period.

What sections should be included in a Real Estate Installment Sales Contract?

1. Parties: Details of the seller and purchaser, including full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, including brief property description and parties' intention to enter into an installment sale arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Installments, Completion Date, etc.

4. Property Description: Detailed description of the property being sold, including location, boundaries, and registration details

5. Purchase Price and Payment Terms: Total purchase price, installment amounts, payment schedule, and payment methods

6. Down Payment: Details of initial payment amount and terms

7. Default and Remedies: Consequences of payment default and available remedies for both parties

8. Transfer of Title: Terms and conditions for the eventual transfer of property title upon completion of payments

9. Possession: Terms regarding property possession during the installment period

10. Representations and Warranties: Declarations by both parties regarding property title, authority to sell, and other material facts

11. Costs and Taxes: Responsibility for registration costs, stamp duty, property taxes, and other charges

12. Insurance and Maintenance: Requirements for property insurance and maintenance responsibilities during the installment period

13. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction over disputes

14. Notices: Method and addresses for serving legal notices between parties

15. Execution: Signature blocks and execution formalities

What sections are optional to include in a Real Estate Installment Sales Contract?

1. Property Inspection: Details of property inspection conducted by buyer, to be included if inspection has been completed

2. Escrow Arrangements: Terms for holding documents in escrow, if applicable

3. Third-Party Rights: Details of any existing tenancies or third-party rights, if applicable

4. Development Obligations: Include if property requires development or construction before completion

5. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

6. Assignment Rights: Terms for transferring contract rights to third parties, if permitted

7. Pre-existing Encumbrances: Details of any existing mortgages or liens, if applicable

8. Early Payment Provisions: Terms for early payment of installments, if permitted

What schedules should be included in a Real Estate Installment Sales Contract?

1. Schedule A - Property Details: Detailed property description, including exact measurements, boundaries, and registration details

2. Schedule B - Payment Schedule: Detailed installment payment schedule with dates and amounts

3. Schedule C - Property Documents: List of all property-related documents provided by seller

4. Schedule D - Encumbrance Certificate: Copy or details of recent encumbrance certificate

5. Schedule E - Property Tax Records: Details of property tax payments and outstanding dues

6. Appendix 1 - Property Photos: Recent photographs of the property

7. Appendix 2 - Property Plans: Architectural plans, layout drawings, or approved building plans

8. Appendix 3 - Chain of Title: Documents showing chain of property ownership

Authors

Alex Denne

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

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