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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."
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
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
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
Real Estate
Banking & Finance
Legal Services
Property Development
Construction
Islamic Finance
Mortgage Services
Property Management
Legal
Real Estate
Property Management
Mortgage Services
Compliance
Islamic Banking
Risk Management
Documentation
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
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