📖 Property

What are key components of agreement to sell?

What are the key components of an agreement to sell?

Paying Token Money Safely

    1. Pay via Cheque, Bank Transfer, or Online Methods: Always use a traceable payment method to create a paper trail, such as a property sale agreement receipt.
    2. Use a Digital Escrow Account: Minimize fraud risks by protecting both parties in the registration of agreement to sell.
    3. Limit the Token Amount: Keep the token money low, as it might be non-refundable if the property purchase agreement is cancelled.

Key Clauses in the "Agreement to Sell"

  1. Earnest Money Clause: Ensure the sale agreement with NRI or others has a clear clause for refunding token/earnest money if the sale fails through no fault of the buyer.
  2. Indemnity Clause: Protect against misrepresentation by holding the seller accountable for false information about the property's title or condition.
  3. Property Description: Clearly define the property’s boundaries, dimensions, and conditions as outlined in the simple sale agreement.
  4. Price and Payment Terms: Specify the total purchase price, token money, payment schedule, and down payment details.
  5. Possession Date: Define the possession date and consequences of delays in the property sale agreement.
  6. Exclusivity Clause: Ensure the property cannot be sold to a third party while the agreement is active.
  7. Right to Withdraw: Allow the buyer to withdraw without penalties if obligations aren’t met.
  8. Property Tax and Dues: Clarify responsibility for property taxes, maintenance charges, and other dues before finalizing the sale agreement with NRI.
  9. Legal and Tax Liabilities: Allocate responsibilities for registration, stamp duty, and other legal/tax liabilities.
  10. Force Majeure Clause: Protect both parties from unforeseen circumstances impacting the agreement.
  11. Builder’s Warranty (for Under-Construction Properties): Specify timelines and quality terms in the property purchase agreement.
  12. Penalties for Breach: Clearly define penalties for any breach by either party.

Also Read: Review of Agreement to sell

 

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