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Real Estate Offer To Purchase Contract Template for India

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Key Requirements PROMPT example:

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."

Document background
The Real Estate Offer To Purchase Contract is a fundamental document in Indian property transactions, serving as the first formal step in the property acquisition process. This document is used when a potential buyer wishes to formalize their intention to purchase a property and needs to communicate the specific terms and conditions under which they are willing to proceed with the transaction. The contract must comply with various Indian laws including the Transfer of Property Act, 1882, the Registration Act, 1908, and the Real Estate (Regulation and Development) Act, 2016. It typically includes essential information such as property details, purchase price, payment schedule, due diligence requirements, and various contingencies that may affect the transaction. This document is particularly important as it forms the basis for the final sale deed and helps prevent misunderstandings between parties by clearly documenting all terms of the proposed purchase.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Real Estate

Banking and Financial Services

Legal Services

Construction

Property Development

Hospitality

Retail

Manufacturing

Healthcare

Education

Technology

Consulting

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Compliance

Business Development

Asset Management

Property Administration

Risk Management

Corporate Affairs

Relevant Roles

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

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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