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Real Estate Offer To Purchase Contract
"I need a Real Estate Offer To Purchase Contract for a commercial property in Mumbai, India, with a closing date of March 15, 2025, that includes specific provisions for existing tenant rights and a mortgage contingency clause."
1. Parties: Identification and details of the seller and purchaser, including their legal names, addresses, and capacity to contract
2. Background: Brief context of the transaction and property being offered for purchase
3. Definitions: Key terms used throughout the agreement defined for clarity and consistency
4. Property Description: Detailed description of the property including address, boundaries, measurements, and registration details
5. Purchase Price: The offered purchase amount, payment structure, and earnest money deposit details
6. Payment Terms: Schedule of payments, method of payment, and conditions attached to each payment
7. Due Diligence: Buyer's right to investigate title, encumbrances, and property condition
8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and legal status
9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and understanding of property condition
10. Conditions Precedent: Conditions that must be satisfied before the sale can be completed
11. Closing Process: Steps for completing the transaction, including documentation and registration requirements
12. Costs and Expenses: Allocation of transaction costs including stamp duty, registration fees, and professional fees
13. Default and Remedies: Consequences of breach by either party and available remedies
14. Governing Law and Jurisdiction: Specification of applicable laws and courts having jurisdiction
15. Notices: Method and addresses for serving notices between parties
16. Execution: Signature blocks and witness requirements
1. Mortgage Contingency: Terms regarding buyer's requirement to obtain financing, used when purchase depends on mortgage approval
2. Property Inspection Contingency: Detailed terms for property inspection and buyer's rights based on inspection results
3. Sale of Existing Property Contingency: Conditions relating to buyer's need to sell their existing property before completing this purchase
4. Tenant Rights: Details of existing tenancy and its handling, used when property is currently leased
5. Foreign Investment Compliance: Additional terms for compliance with FEMA regulations when buyer is an NRI/foreign national
6. Power of Attorney: Terms regarding representation through power of attorney if any party is acting through an agent
7. GST Compliance: Special terms for GST applicability in case of under-construction property
8. Development Rights: Terms regarding transfer of development rights, if applicable to the property
1. Schedule A - Property Details: Detailed property description including exact measurements, boundaries, and fixtures included
2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and timing
3. Schedule C - Title Documents: List of title documents and their current status
4. Schedule D - Encumbrances: List of existing encumbrances, loans, or liens on the property
5. Schedule E - Property Inspection Report: Findings from property inspection and agreed remedial actions
6. Appendix 1 - Property Documents: Copies of key property documents including previous sale deed, tax receipts
7. Appendix 2 - Approved Plans: Copies of approved building plans and permits
8. Appendix 3 - NOCs: Copies of necessary No Objection Certificates from relevant authorities
Authors
Real Estate
Banking and Financial Services
Legal Services
Construction
Property Development
Hospitality
Retail
Manufacturing
Healthcare
Education
Technology
Consulting
Legal
Real Estate
Facilities Management
Finance
Compliance
Business Development
Asset Management
Property Administration
Risk Management
Corporate Affairs
Real Estate Agent
Property Manager
Legal Counsel
Corporate Lawyer
Property Developer
Business Development Manager
Facilities Manager
Real Estate Investment Manager
Compliance Officer
Property Valuer
Chief Financial Officer
Real Estate Consultant
Asset Manager
Acquisition Manager
Property Administrator
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