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Memorandum Of Contract (Real Estate)
"I need a Memorandum of Contract (Real Estate) for purchasing a commercial property in Mumbai's business district, with completion scheduled for March 2025, including specific clauses for existing tenant rights and future development potential."
1. Parties: Details of the seller/vendor and purchaser/buyer including names, addresses, and legal capacity
2. Background: Context of the transaction and brief property history
3. Definitions: Key terms used throughout the document defined for clarity
4. Property Details: Comprehensive description of the property including address, boundaries, and registration details
5. Consideration: Purchase price, payment terms, and schedule of payments
6. Payment Terms: Detailed breakdown of payment structure, installments, and payment methods
7. Completion Timeline: Expected dates for various stages of the transaction including final completion
8. Seller's Representations: Warranties and representations regarding property title, encumbrances, and legal status
9. Buyer's Obligations: Responsibilities and commitments of the buyer including payment and compliance obligations
10. Title Documents: List of title documents to be provided and verification process
11. Registration: Terms regarding document registration and stamp duty obligations
12. Default and Remedies: Consequences of default by either party and available remedies
13. Governing Law: Applicable laws and jurisdiction for dispute resolution
14. Execution: Signing requirements and witness details
1. Force Majeure: Provisions for unforeseen circumstances preventing contract performance
2. Possession Terms: Specific terms regarding handover of possession if immediate possession is involved
3. Loan Terms: Details of housing loan arrangements if buyer is obtaining financing
4. Society Approval: Terms regarding housing society approval where applicable
5. Third Party Rights: Provisions regarding existing tenants or other third-party interests
6. Development Rights: Terms regarding future development rights if applicable
7. Indemnification: Specific indemnity provisions beyond standard representations
8. Tax Implications: Specific tax-related provisions and responsibilities
1. Schedule A - Property Description: Detailed technical description of the property including measurements and boundaries
2. Schedule B - Payment Schedule: Detailed breakdown of payment installments with dates
3. Schedule C - Title Documents: List of all title documents and their current status
4. Schedule D - Encumbrances: Details of any existing encumbrances, loans, or liens
5. Schedule E - Amenities: List of included amenities and facilities
6. Appendix 1 - Property Plans: Architectural plans and layout drawings
7. Appendix 2 - Chain of Title: Historical ownership documentation
8. Appendix 3 - Permissions: Copies of relevant governmental and regulatory permissions
Authors
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Insurance
Property Management
Urban Development
Housing
Commercial Property
Legal
Real Estate
Property Management
Compliance
Sales
Business Development
Contract Administration
Finance
Risk Management
Operations
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Property Developer
Sales Manager
Business Development Manager
Contract Manager
Property Valuer
Title Insurance Officer
Financial Advisor
Real Estate Consultant
Land Acquisition Manager
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