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Sale And Leaseback Contract for Saudi Arabia

Sale And Leaseback Contract Template for Saudi Arabia

A Sale and Leaseback Contract under Saudi Arabian law is a complex legal document that facilitates a transaction where a property owner sells their property to a buyer (typically a financial institution) and simultaneously enters into a lease agreement to continue using the property. The document must comply with Saudi Arabian law, including Sharia principles, and typically includes detailed provisions for both the sale and lease aspects of the transaction. It covers purchase price, lease terms, maintenance responsibilities, insurance requirements, and various other obligations of both parties. The agreement must be structured to meet the requirements of Saudi Arabian real estate laws, SAMA regulations, and Islamic finance principles.

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What is a Sale And Leaseback Contract?

The Sale And Leaseback Contract is a strategic financial instrument used in Saudi Arabia when organizations wish to release capital tied up in real estate assets while maintaining operational use of the property. This document type must be carefully structured to comply with Saudi Arabian law and Sharia principles, making it distinct from conventional sale and leaseback arrangements in other jurisdictions. The contract serves dual purposes: documenting the sale of property to a new owner (usually a financial institution) and establishing a lease arrangement allowing the seller to continue using the property as a tenant. It typically includes comprehensive details about property transfer, lease terms, maintenance obligations, insurance requirements, and compliance with local regulations. The document is particularly useful for businesses seeking to improve their balance sheet position while retaining their operational premises, but must be drafted with careful attention to both commercial and Sharia compliance requirements.

What sections should be included in a Sale And Leaseback Contract?

1. Parties: Identification of the Seller/Lessee and Buyer/Lessor, including full legal names and addresses

2. Background: Context of the transaction, including property details and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Lease Term, and Rental Payments

4. Sale Provisions: Terms of the sale, including purchase price, payment terms, and transfer of ownership

5. Property Title and Registration: Confirmation of title, warranties, and registration requirements

6. Lease Terms: Essential lease provisions including duration, renewal options, and rental payment structure

7. Rental Payments: Detailed payment terms, amounts, frequency, and payment mechanisms

8. Use of Property: Permitted use, restrictions, and compliance requirements

9. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements

10. Insurance: Required insurance coverage and responsibility for premiums

11. Default and Remedies: Events of default and available remedies for both parties

12. Termination: Circumstances and procedures for early termination

13. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution mechanisms

14. Notices: Communication procedures between parties

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Sale And Leaseback Contract?

1. Purchase Option: Terms for the lessee to repurchase the property, if applicable

2. Subletting Provisions: Include if subletting will be permitted

3. Force Majeure: Include for protection against unforeseen circumstances

4. Assignment Rights: Include if either party may need to assign their rights

5. Sharia Compliance Declaration: Include if specifically required by financial institutions or parties

6. Tax Provisions: Include detailed tax arrangements if complex tax implications exist

7. Environmental Compliance: Include for properties with specific environmental concerns or requirements

What schedules should be included in a Sale And Leaseback Contract?

1. Property Description: Detailed description of the property including title details and plans

2. Purchase Price Calculation: Breakdown of purchase price and payment schedule

3. Rental Payment Schedule: Detailed schedule of rental payments including amounts and dates

4. Condition Report: Initial condition of the property at time of sale

5. Permitted Alterations: List of alterations the lessee is permitted to make

6. Required Insurance: Detailed insurance requirements and specifications

7. Form of Transfer Deed: Template for the property transfer deed

8. Service Charge Details: Breakdown of service charges and responsibilities

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

Banking & Financial Services

Islamic Finance

Commercial Property

Industrial & Manufacturing

Retail

Healthcare

Hospitality

Education

Logistics & Warehousing

Relevant Teams

Legal

Finance

Real Estate

Treasury

Risk Management

Facilities Management

Operations

Corporate Development

Compliance

Property Management

Relevant Roles

Chief Financial Officer

Real Estate Director

Property Manager

Legal Counsel

Sharia Compliance Officer

Finance Manager

Treasury Manager

Asset Manager

Facilities Manager

Risk Manager

Commercial Director

Operations Director

Investment Manager

Corporate Finance 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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