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Home Loan Purchase Agreement Template for India

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Key Requirements PROMPT example:

Home Loan Purchase Agreement

"I need a Home Loan Purchase Agreement for a ₹85 lakh loan from HDFC Bank for purchasing a 3BHK apartment in Mumbai, with a guarantor clause and special provisions for partial prepayment without penalties."

Document background
The Home Loan Purchase Agreement is a crucial document in Indian residential property financing, used when an individual or entity seeks financial assistance from a bank or housing finance company to purchase residential property. This agreement is essential in the Indian context as it combines elements of both a loan agreement and security creation document, complying with various regulatory requirements including those set by the Reserve Bank of India and National Housing Bank. The document establishes the terms of lending, creates a mortgage on the property, and protects the interests of both the lender and borrower. It includes detailed provisions for loan disbursement, property details, repayment terms, default consequences, and security enforcement mechanisms, all while ensuring compliance with Indian property and banking laws.
Suggested Sections

1. Parties: Identifies and provides details of the lender, borrower, and any guarantors

2. Background: Explains the context of the loan agreement and property purchase

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the loan amount and confirms it's for property purchase

5. Property Details: Describes the property being purchased and mortgaged

6. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and adjustment provisions

7. Repayment Terms: Specifies EMI amount, payment schedule, and tenure of the loan

8. Security and Mortgage: Details the creation of mortgage and security interest in favor of the lender

9. Borrower's Representations: Warranties and representations made by the borrower

10. Borrower's Covenants: Ongoing obligations and commitments of the borrower

11. Lender's Rights: Rights and remedies available to the lender

12. Events of Default: Lists circumstances constituting default and consequences

13. Insurance: Requirements for property insurance and loan protection coverage

14. Notices: Process for sending and receiving formal communications

15. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction

Optional Sections

1. Guarantor Provisions: Required when a third party guarantees the loan repayment

2. Property Under Construction: Additional terms for properties still under construction

3. Balance Transfer Provisions: Required for loans being transferred from another lender

4. Pre-payment Terms: Detailed terms for early loan repayment if different from standard terms

5. Top-up Loan Provisions: Required when additional funding is provided above property value

6. Fixed Rate Convert to Floating: Terms for conversion between interest rate types

7. Electronic Payment Authorization: Required for automatic payment setup

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including boundaries and registration details

2. Schedule 2 - Payment Schedule: Amortization schedule showing EMI breakup and payment dates

3. Schedule 3 - Interest Rate Terms: Detailed interest calculations and adjustment mechanisms

4. Schedule 4 - Fee Schedule: List of all applicable fees and charges

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and terms

6. Appendix A - Required Documents: List of all documents required from borrower

7. Appendix B - Property Documents: Copies of property ownership and transfer documents

8. Appendix C - KYC Documents: Copies of identity and address proof documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Banking

Real Estate

Financial Services

Housing Finance

Insurance

Legal Services

Property Development

Mortgage Services

Relevant Teams

Legal

Credit Risk

Mortgage Operations

Compliance

Real Estate

Documentation

Customer Service

Loan Processing

Property Valuation

Risk Management

Branch Operations

Relevant Roles

Loan Officer

Mortgage Specialist

Legal Counsel

Property Lawyer

Credit Manager

Risk Assessment Officer

Banking Operations Manager

Compliance Officer

Real Estate Manager

Financial Advisor

Property Valuation Expert

Documentation Specialist

Housing Finance Manager

Branch Manager

Relationship 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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