A Post Possession Agreement becomes necessary in real estate transactions where sellers require additional time to remain in the property after the closing date. Common in the United States real estate market, this document is crucial when sellers need time to complete their own purchase, arrange moving logistics, or address other transitional needs. The agreement typically includes detailed provisions for temporary occupancy, including daily/monthly fees, maintenance responsibilities, insurance requirements, and liability provisions. It serves as a critical risk management tool, protecting both buyers' and sellers' interests during this unique period where property ownership and occupancy rights are separated.
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1. Parties: Identification of seller, buyer, and any other relevant parties to the post-possession agreement
2. Background: Context of the agreement, including reference to the main purchase agreement and circumstances necessitating post-possession
3. Definitions: Key terms used throughout the agreement including 'Possession Period', 'Daily Rate', 'Property', etc.
4. Possession Terms: Specific duration, start date, and end date of the post-closing possession period
5. Compensation: Daily/monthly rate, payment terms, and penalties for the possession period
6. Insurance Requirements: Required insurance coverage during possession period, including liability and property insurance
7. Maintenance and Utilities: Responsibilities for property maintenance, repairs, and utility payments during possession
8. Termination: Conditions and process for ending the possession arrangement, including early termination provisions
1. Security Deposit: Terms for security deposit amount, holding, and return conditions - used when additional financial security is needed
2. Property Access: Rules and conditions for buyer access during possession period - used when buyer needs specific access rights before possession ends
3. Property Condition: Specific requirements for maintaining property condition - used when special property features require specific care or documentation
1. Schedule A - Property Description: Legal description of the property and specific areas covered under the possession agreement
2. Schedule B - Inventory: Detailed list of any included furnishings or items remaining during possession period
3. Schedule C - Insurance Certificates: Copies of required insurance documentation and certificates
4. Schedule D - Property Condition Report: Detailed documentation of property condition at the start of possession period
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