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Residential Resale Real Estate Purchase Contract Template for India

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Key Requirements PROMPT example:

Residential Resale Real Estate Purchase Contract

"I need a Residential Resale Real Estate Purchase Contract for a 3BHK apartment in Mumbai, where the property is currently tenant-occupied and requires society NOC; completion date should be March 2025, and the contract must include specific provisions for tenant vacation and outstanding maintenance dues."

Document background
The Residential Resale Real Estate Purchase Contract is a crucial legal instrument used in India for transactions involving previously owned residential properties. This document is essential when transferring ownership of existing residential properties from a seller to a buyer, ensuring compliance with Indian property laws and regulations. It includes detailed provisions covering property description, purchase price, payment terms, representations and warranties, title transfer procedures, and completion timelines. The contract must adhere to requirements under various Indian legislations including the Transfer of Property Act 1882, Registration Act 1908, and Real Estate (Regulation and Development) Act 2016. It serves as a comprehensive agreement that protects both parties' interests while ensuring legal validity and enforceability of the transaction within the Indian legal framework.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including names, addresses, and contact information

2. Background: Brief context of the transaction, including property ownership history and intention to sell/purchase

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

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

5. Purchase Price: Total consideration, payment structure, and payment methods

6. Payment Terms: Detailed breakdown of payment schedule, earnest money deposit, and balance payment arrangements

7. Completion Timeline: Timeline for transaction completion, including key milestones and completion date

8. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, litigation, and statutory compliance

9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with applicable laws

10. Title and Transfer: Provisions regarding clear title transfer and registration process

11. Possession: Terms and conditions for handling over property possession

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

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

14. Force Majeure: Provisions for unforeseen circumstances preventing contract performance

15. Notices: Process and addresses for serving notices between parties

16. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

17. Execution: Signature blocks and execution formalities

Optional Sections

1. Condition Precedents: Specific conditions that must be fulfilled before completion, used when there are pending approvals or clearances

2. Property Inspection: Terms for property inspection and consequences of findings, used when buyer requires specific inspection rights

3. Existing Tenancy: Details of current tenants and handling of tenancy, used when property is tenant-occupied

4. Mortgage Release: Provisions for clearing existing mortgage, used when property has outstanding loan

5. Society NOC: Requirements for housing society approval, used for apartments/cooperative housing

6. Furniture and Fixtures: List of items included/excluded in sale, used when property is sold with furnishings

7. Tax Clearance: Provisions regarding pending tax liabilities, used when there are outstanding tax issues

8. Development Rights: Provisions regarding TDR or development potential, used for properties with development potential

Suggested Schedules

1. Property Schedule: Detailed property description including boundaries, measurements, and registration details

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

3. Title Documents: List of title documents and chain of ownership papers

4. Encumbrance Certificate: Recent encumbrance certificate details

5. Property Tax Records: Statement of property tax payments and pending dues

6. Utility Bills: Recent utility bill copies and payment status

7. Approved Plans: Copies of approved building plans and sanctions

8. Inventory List: List of fixtures and fittings included in the sale, if applicable

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

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Property Management

Urban Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Risk Management

Contract Administration

Business Development

Investment Advisory

Operations

Relevant Roles

Real Estate Lawyer

Property Lawyer

Real Estate Agent

Property Broker

Legal Counsel

Contract Manager

Property Manager

Real Estate Developer

Compliance Officer

Title Officer

Property Valuation Expert

Real Estate Transaction Manager

Legal Documentation Specialist

Property Rights Specialist

Real Estate Investment Advisor

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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