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As Is Home Sale Contract Template for India

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Key Requirements PROMPT example:

As Is Home Sale Contract

"I need an As Is Home Sale Contract for selling my ancestral property in Mumbai to a foreign buyer, with the sale to be completed by March 2025, including specific clauses about overseas fund transfer and FEMA compliance."

Document background
The As Is Home Sale Contract is a specialized agreement used in Indian real estate transactions where the property is sold in its existing condition without any guarantees or commitments about its state. This type of contract is particularly relevant when sellers wish to limit their liability regarding the property's condition or when dealing with distressed properties, foreclosures, or quick sales. It operates under Indian jurisdiction, primarily governed by the Transfer of Property Act 1882, Registration Act 1908, and RERA 2016. The document includes essential elements such as property details, clear "as is" disclaimers, buyer acknowledgments, and specific provisions protecting both parties' interests. It's commonly used in situations where the buyer has thoroughly inspected the property and agrees to accept it with all existing defects or issues, whether known or unknown.
Suggested Sections

1. Parties: Identifies and provides full details of the seller and buyer, including names, addresses, and legal capacity

2. Background: Establishes the context of the sale and the seller's ownership of the property

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, boundaries, and registration details

5. 'As Is' Condition and Acknowledgment: Explicitly states that the property is being sold 'as is' and buyer's acknowledgment of current condition

6. Purchase Price: States the total purchase price and payment structure

7. Payment Terms: Details the payment schedule, method of payment, and any installment arrangements

8. Seller's Representations: Limited representations regarding ownership and authority to sell

9. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of current condition

10. Closing Requirements: Documents and actions required for completing the sale

11. Transfer of Title: Process and obligations for transferring property title

12. Costs and Taxes: Allocation of transaction costs, stamp duty, and registration fees

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

14. Governing Law: Specifies Indian law as governing law and jurisdiction

15. Notices: Method and addresses for official communications between parties

16. Entire Agreement: Confirms the contract as the complete agreement between parties

Optional Sections

1. Broker Representation: Include when real estate brokers are involved in the transaction

2. Mortgage Contingency: Include when buyer's purchase is contingent on obtaining mortgage financing

3. Property Management Until Closing: Include when there's a significant gap between signing and closing

4. Existing Tenancies: Include when property has current tenants

5. Power of Attorney: Include when either party is acting through an authorized representative

6. Foreign Exchange Compliance: Include when buyer is an NRI or foreign national

7. Society NOC: Include for apartments requiring housing society approval

Suggested Schedules

1. Schedule A - Property Details: Detailed property description, boundaries, and area measurements

2. Schedule B - Property Documents: List of title and property documents provided by seller

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments

4. Schedule D - Known Defects: List of known issues or defects in the property

5. Schedule E - Included Fixtures and Fittings: List of items included in the sale

6. Schedule F - Outstanding Liabilities: Details of any pending dues or liabilities

7. Appendix 1 - Property Photos: Current photographs of the property documenting its condition

8. Appendix 2 - Property Inspection Report: Third-party inspection report if available

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

Residential Real Estate

Commercial Real Estate

Legal Services

Financial Services

Property Management

Real Estate Development

Construction

Banking

Insurance

Property Valuation

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Sales

Contract Administration

Risk Management

Property Evaluation

Title Registration

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Real Estate Broker

Legal Counsel

Conveyancing Lawyer

Property Evaluator

Real Estate Transaction Manager

Compliance Officer

Real Estate Administrator

Contract Manager

Property Registration Officer

Real Estate Documentation Specialist

Title Insurance Officer

Property Developer

Real Estate Investment 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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