When you`re buying or selling a property in Delhi, one of the most important documents you need is the Agreement to Sale. This document is a legally binding agreement between the buyer and the seller that sets out the terms and conditions of the sale. It`s important to get this right, as any mistakes or discrepancies could lead to legal issues down the line. In this article, we`ll take a closer look at the agreement to sale format in Delhi and what you need to include.
Firstly, it`s important to note that the agreement to sale is not the same as the Sale Deed. The Sale Deed is the final document that transfers ownership of the property from the seller to the buyer. The Agreement to Sale is just a preliminary document that sets out the terms and conditions of the sale before the Sale Deed is executed.
So, what should be included in the Agreement to Sale? Here are the essential elements:
1. Names and Details of the Parties Involved
This should include the full names, addresses, and contact details of both the buyer and the seller.
2. Property Details
Include a detailed description of the property in question, including its full address, area, dimensions, and any other important features.
3. Sale Consideration
This is the amount that the buyer agrees to pay to the seller for the property. This should be clearly mentioned in the agreement, along with any other payment terms, such as a down payment, installment payments, or a lump-sum payment.
4. Payment Schedule
If the payment is to be made in installments, the agreement should specify the timeline for each payment, the amount due for each installment, and any penalties for late payments.
5. Possession Date
This is the date on which the buyer will take possession of the property. It`s important to mention this to avoid any confusion or disputes later on.
6. Legal and Technical Due Diligence
It`s important to include a clause in the agreement that specifies that the buyer will carry out legal and technical due diligence before the Sale Deed is executed. This is to ensure that the property is free from any legal or technical issues that could impact the sale.
7. Default Clause
This clause specifies the consequences of any default by either party. For example, if the buyer fails to make a payment on time, the seller may be entitled to cancel the agreement and keep any payments already made.
8. Governing Law and Jurisdiction
This clause specifies the governing law and jurisdiction for any disputes that may arise between the parties.
These are the essential elements that should be included in the Agreement to Sale. It`s important to seek the advice of a legal expert when drafting this document to ensure that it`s legally valid and protects your interests. A well-drafted Agreement to Sale can help to avoid disputes and legal issues down the line, so take the time to get it right.