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Agreement For Sale Without Possession

Agreement For Sale Without Possession Template for Ireland

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Key Requirements PROMPT example:

Agreement For Sale Without Possession

"Need an Agreement for Sale Without Possession for a Dublin office building, where we're purchasing but allowing the vendor to retain possession until March 2025 due to existing tenant lease commitments; must include specific provisions for property management and service charge arrangements during the interim period."

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Document background
The Agreement For Sale Without Possession is a specialized legal instrument used in Irish property transactions where immediate transfer of possession is not practical or desired. This arrangement is commonly used in scenarios such as sale-and-leaseback transactions, property development projects, or when vendors require time to relocate. The document addresses the complexities of separating the sale completion from the possession transfer, incorporating comprehensive provisions for the interim period. It requires careful consideration of Irish property law, particularly regarding risk allocation, insurance requirements, and maintenance obligations. The agreement is structured to protect both parties' interests while ensuring compliance with Irish legal requirements, including the Land and Conveyancing Law Reform Act 2009 and related property legislation.
Suggested Sections

1. Parties: Identification and details of the Vendor and Purchaser

2. Background: Context of the transaction and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale Agreement: Core agreement to sell and purchase the property, including price and payment terms

5. Possession Arrangements: Details of when and how possession will be transferred, including any conditions precedent

6. Interim Period Provisions: Rights and obligations of both parties during the period between sale and possession

7. Property Maintenance: Responsibilities for maintaining the property during the interim period

8. Insurance and Risk: Insurance requirements and risk allocation during the interim period

9. Title and Registration: Provisions regarding title transfer and registration requirements

10. Vendor's Warranties: Warranties regarding the property's condition, title, and other relevant matters

11. Access Rights: Terms governing the purchaser's access to the property during the interim period

12. Completion: Requirements and procedures for completing the sale

13. Default and Remedies: Consequences of breach and available remedies

14. Notices: Process for serving notices between parties

15. General Provisions: Standard boilerplate clauses including governing law, variation, and severability

Optional Sections

1. Tenant Provisions: Include when the property is subject to existing tenancies

2. Planning Permissions: Include when specific planning permissions are required or pending

3. Service Charges: Include for properties subject to management companies or service charges

4. Development Rights: Include when the property has potential for development

5. Environmental Provisions: Include when environmental issues or requirements are relevant

6. Tax Provisions: Include when special tax considerations apply

7. Third Party Rights: Include when there are relevant third-party rights or restrictions

8. Break Clause: Include when either party requires the ability to terminate before possession

Suggested Schedules

1. Property Description: Detailed description of the property including boundaries and maps

2. Title Documents: List of title documents and copies of relevant certificates

3. Fixtures and Fittings: Inventory of items included and excluded from the sale

4. Planning Documents: Copies of relevant planning permissions and certificates

5. Property Searches: Results of local authority and other relevant searches

6. Existing Tenancies: Details of any existing tenancy agreements

7. Insurance Certificates: Copies of relevant insurance policies and certificates

8. Service Contracts: Details of ongoing service contracts affecting the property

9. Condition Report: Report on the property's condition at the time of sale

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses




































Relevant Industries

Real Estate

Commercial Property

Residential Property

Legal Services

Banking and Finance

Property Development

Construction

Retail

Hospitality

Industrial

Agriculture

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Risk and Compliance

Commercial

Operations

Asset Management

Investment

Corporate Services

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancing Solicitor

Property Manager

Real Estate Agent

Commercial Property Director

Legal Counsel

Property Development Manager

Asset Manager

Facilities Manager

Real Estate Investment Manager

Property Portfolio Manager

Risk Manager

Compliance Officer

Contract 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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