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Real Estate Purchase Agreement With Seller Financing Template for India

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Key Requirements PROMPT example:

Real Estate Purchase Agreement With Seller Financing

"I need a Real Estate Purchase Agreement with Seller Financing for a commercial property in Mumbai, where the seller will finance 70% of the purchase price over 10 years, with the property itself serving as collateral and the deal closing by March 2025."

Document background
The Real Estate Purchase Agreement with Seller Financing is a specialized legal instrument used in Indian property transactions where traditional bank financing is either unavailable or undesirable. This document type combines elements of both a property sale agreement and a financing agreement, making it particularly useful in situations where buyers seek alternative financing options or sellers wish to generate ongoing income through interest payments. The agreement must comply with various Indian laws including the Transfer of Property Act 1882, Registration Act 1908, and RERA 2016, while also addressing state-specific stamp duty and registration requirements. It's commonly used in both residential and commercial property transactions and includes crucial elements such as property details, payment terms, security arrangements, and default provisions. The seller financing component typically involves a structured payment plan with specified interest rates, making this document more complex than standard purchase agreements.
Suggested Sections

1. Parties: Identification and details of the Seller and Buyer, including their legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a seller-financed purchase arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, boundaries, registration details, and any included fixtures/fittings

5. Purchase Price and Payment Terms: Total purchase price, down payment amount, and detailed structure of seller financing including interest rate, payment schedule, and term

6. Security Arrangements: Details of mortgage or other security arrangements to secure the seller financing

7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity, property condition, and title

9. Seller's Obligations: Specific obligations of the seller including property maintenance until closing, document delivery, and financing terms

10. Buyer's Obligations: Specific obligations of the buyer including payments, property maintenance after possession, and compliance with financing terms

11. Closing Process: Details of the closing procedure, including document execution, registration, and transfer of possession

12. Default and Remedies: Consequences of default by either party and available remedies

13. Governing Law and Dispute Resolution: Applicable law and method of resolving disputes

14. Notices: Process and addresses for serving formal notices under the agreement

15. General Provisions: Standard contract clauses including amendments, severability, and entire agreement

Optional Sections

1. Property Insurance: Required when specific insurance arrangements need to be maintained by either party

2. Property Management: Used when there are specific requirements for property management during the financing period

3. Prepayment Provisions: Include when early payment options are allowed with specific terms

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

5. Tax Provisions: Include when specific tax arrangements or obligations need to be addressed

6. Environmental Matters: Required for properties with potential environmental concerns or compliance requirements

7. Development Rights: Include when the property has pending or potential development opportunities

8. Force Majeure: Include when specific events beyond parties' control need to be addressed

Suggested Schedules

1. Property Details Schedule: Detailed property description, including exact measurements, boundaries, and included items

2. Payment Schedule: Detailed amortization schedule showing all payments, interest calculations, and balance reductions

3. Title Documents: List of all title documents and their copies

4. Encumbrance Certificate: Recent encumbrance certificate showing any registered charges on the property

5. Property Tax Records: History of property tax payments and current status

6. Property Inspection Report: Report detailing the current condition of the property

7. Outstanding Utilities: List of utility connections and any outstanding payments

8. Existing Contracts: Details of any existing contracts affecting the property (maintenance, tenancy, etc.)

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












































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Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Agriculture (for farmland)

Retail

Hospitality

Mixed-use Development

Urban Development

Construction

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Operations

Business Development

Property Management

Investment

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Financial Controller

Real Estate Investment Manager

Compliance Officer

Title Officer

Property Valuation Expert

Real Estate Portfolio Manager

Risk Manager

Chief Financial Officer

Real Estate Operations Director

Business Development Manager

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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