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Contract Of Deed Of Sale for Saudi Arabia

Contract Of Deed Of Sale Template for Saudi Arabia

A Contract of Deed of Sale under Saudi Arabian law is a formal legal document that effectuates the transfer of property ownership from a seller to a buyer. This document must comply with both Saudi civil law requirements and Islamic Sharia principles, particularly regarding the immediate transfer of ownership and absence of uncertainty (gharar). The contract details the specific property being transferred, purchase price, payment terms, and obligations of both parties. It must meet strict documentation requirements under Saudi law, including proper registration with relevant authorities and adherence to local property transfer regulations.

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Contract Of Deed Of Sale

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What is a Contract Of Deed Of Sale?

The Contract of Deed of Sale is a crucial legal instrument in Saudi Arabian property transactions, used to formalize and document the transfer of property ownership between parties. This document is essential when any real estate property is being sold in Saudi Arabia, whether it's residential, commercial, or industrial property. The contract must strictly comply with Saudi law and Sharia principles, containing detailed information about the property, parties involved, purchase price, and payment terms. It serves as the primary evidence of the transaction and is required for official registration of the property transfer with Saudi authorities. The document is particularly important as it must incorporate specific elements required under Saudi law while ensuring the transaction meets Islamic finance principles, making it significantly different from property sale contracts in non-Islamic jurisdictions.

What sections should be included in a Contract Of Deed Of Sale?

1. Parties: Identification of the Seller and Buyer with full legal names, addresses, and identification numbers as per Saudi requirements

2. Background: Context of the sale and confirmation that the property is owned free and clear by the Seller

3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Completion Date, and other relevant terms

4. Sale and Purchase: Core provision stating the Seller's agreement to sell and Buyer's agreement to purchase, including the Islamic requirement of immediate transfer of ownership

5. Description of Property: Detailed description of the property including location, boundaries, size, and registration details as per Saudi land registry requirements

6. Purchase Price and Payment: Specification of the purchase price, payment terms, and method of payment in compliance with Sharia principles

7. Seller's Warranties: Warranties regarding ownership, absence of encumbrances, and compliance with Sharia principles

8. Completion: Details of the completion process, including documentation, registration requirements, and handover procedures

9. Registration and Transfer: Procedures for registering the transfer with relevant Saudi authorities

10. Taxes and Fees: Allocation of responsibility for various taxes, registration fees, and other costs

11. Governing Law and Jurisdiction: Confirmation of Saudi law application and jurisdiction of Saudi courts

12. Execution: Signature blocks and attestation requirements as per Saudi law

What sections are optional to include in a Contract Of Deed Of Sale?

1. Conditions Precedent: Used when completion is subject to certain conditions being met, such as regulatory approvals

2. Property Inspection: Include when there's a need to document the condition of the property and any accepted defects

3. Broker's Commission: Required when a real estate broker is involved in the transaction

4. Foreign Ownership: Necessary when the buyer is a foreign entity, addressing specific requirements and restrictions

5. Existing Tenancies: Include when the property is sold subject to existing lease agreements

6. Mortgage Release: Required when the property is being sold with an existing mortgage that needs to be discharged

7. Force Majeure: Optional clause addressing unforeseen circumstances preventing completion

What schedules should be included in a Contract Of Deed Of Sale?

1. Property Details: Detailed technical description of the property, including plans and specifications

2. Title Documents: Copies of relevant title documents and registration certificates

3. Payment Schedule: If payment is to be made in installments, detailed payment timeline and terms

4. Property Inventory: List of fixtures, fittings, and other items included in the sale

5. Required Consents: Copies of necessary governmental or regulatory approvals

6. Property Certificates: Relevant certificates including building permits and compliance certificates

7. Powers of Attorney: If applicable, powers of attorney for parties acting through representatives

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

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions



































Clauses

































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail

Manufacturing

Hospitality

Healthcare

Education

Religious Institutions

Agriculture

Logistics

Warehousing

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Facilities Management

Corporate Affairs

Operations

Finance

Risk Management

Administration

Relevant Roles

Legal Counsel

Property Manager

Real Estate Director

Compliance Officer

Corporate Lawyer

Real Estate Agent

Property Developer

Facilities Manager

Chief Legal Officer

Real Estate Investment Manager

Asset Manager

Property Administrator

Contract 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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