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Deed Of Absolute Sale With Assumption Of Mortgage Template for Saudi Arabia

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Key Requirements PROMPT example:

Deed Of Absolute Sale With Assumption Of Mortgage

"I need a Deed Of Absolute Sale With Assumption Of Mortgage for a commercial property in Riyadh, Saudi Arabia, where the buyer will assume an existing Islamic mortgage of 2.5 million SAR, with completion scheduled for March 2025."

Document background
The Deed Of Absolute Sale With Assumption Of Mortgage is a specialized legal instrument used in Saudi Arabian real estate transactions where the buyer not only purchases the property but also takes over the seller's existing mortgage obligations. This document is particularly relevant in situations where the seller has an outstanding mortgage and the buyer wishes to assume that mortgage rather than arrange new financing. The deed must carefully balance the requirements of Saudi Arabian property law, the 2012 Mortgage Law, and Sharia principles, particularly regarding the treatment of debt transfer and interest. It includes comprehensive details about the property, the terms of sale, the existing mortgage conditions, and the specific obligations being assumed by the buyer. The document is crucial for ensuring proper registration of both the property transfer and the mortgage assumption with relevant Saudi Arabian authorities.
Suggested Sections

1. Parties: Identification of the Seller, Buyer, and current Mortgagee

2. Background: Brief description of the property, existing mortgage, and intention to transfer

3. Definitions: Key terms used throughout the deed including Property, Mortgage, Purchase Price, Outstanding Mortgage Amount

4. Sale and Purchase: Core provisions detailing the absolute and irrevocable sale of the property

5. Purchase Price: Details of the total consideration and payment terms

6. Mortgage Assumption: Terms of the mortgage assumption, including outstanding amount and buyer's undertaking

7. Seller's Representations and Warranties: Declarations regarding property ownership, right to sell, absence of other encumbrances

8. Property Condition: Statement on the condition of the property and buyer's acceptance

9. Transfer of Rights: Provisions for the complete transfer of all rights, titles, and interests

10. Registration and Formalities: Requirements for property registration and mortgage transfer

11. Costs and Taxes: Allocation of transfer costs, registration fees, and applicable taxes

12. Governing Law: Confirmation of Saudi law and Sharia compliance

13. Execution: Signature blocks and attestation requirements

Optional Sections

1. Mortgagee Consent: Required when the existing mortgagee's explicit consent needs to be documented in the main deed

2. Property Income: Used when there are rental or other income arrangements that need to be prorated

3. Additional Encumbrances: Required when there are other registered rights or restrictions that need to be addressed

4. Power of Attorney: Needed when any party is acting through an authorized representative

5. Survival Clause: Optional section specifying which representations and warranties survive completion

Suggested Schedules

1. Property Description: Detailed legal description of the property including title deed number and boundaries

2. Mortgage Details: Complete details of the existing mortgage including original amount, outstanding amount, and key terms

3. Payment Schedule: Breakdown of the purchase price, assumed mortgage amount, and any direct payments

4. Property Documents: List of all property-related documents being transferred

5. Mortgagee Consent Letter: Formal consent from the mortgagee agreeing to the assumption of mortgage

6. Due Diligence Documents: Copies of property inspection reports, permits, and compliance certificates

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

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Banking & Finance

Legal Services

Property Development

Construction

Islamic Finance

Mortgage Services

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Mortgage Services

Compliance

Islamic Banking

Risk Management

Documentation

Relevant Roles

Real Estate Lawyer

Property Manager

Mortgage Officer

Bank Manager

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Notary Public

Property Registration Officer

Islamic Finance Advisor

Real Estate Transaction 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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