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New Residential Purchase Agreement
"I need a New Residential Purchase Agreement for buying a 3BHK apartment in Mumbai from a housing society, with completion planned for March 2025, including provisions for parking space and society membership transfer."
1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and PAN numbers
2. Background: Brief context of the transaction and property ownership history
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including exact location, boundaries, and measurements
5. Purchase Price: Total consideration, payment structure, and payment methods
6. Payment Terms: Detailed breakdown of payment schedule, installments, and banking details
7. Completion: Timeline and process for completing the sale, including documentation requirements
8. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal status
9. Purchaser's Representations and Warranties: Purchaser's declarations regarding financial capacity and compliance
10. Title and Transfer: Process and obligations for transferring clear title to the purchaser
11. Registration and Stamp Duty: Responsibilities and process for document registration and stamp duty payment
12. Possession: Terms and process for handling over property possession
13. Costs and Expenses: Allocation of transaction costs between parties
14. Default and Remedies: Consequences and remedies for breach of agreement terms
15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
16. Notices: Process and addresses for formal communications between parties
17. Governing Law and Jurisdiction: Applicable laws and courts for dispute resolution
18. Execution: Signature blocks and witness details
1. Mortgage/Loan Provisions: Include when purchaser is obtaining mortgage financing, detailing lender requirements and conditions
2. Society Membership: Include for apartments/condominiums to address society membership transfer
3. Existing Tenancy: Include if property has existing tenants, addressing their rights and transition
4. Parking Space: Include for properties with designated parking spaces
5. Furniture and Fixtures: Include if sale includes specific furniture or fixtures
6. Power of Attorney: Include if either party is acting through an attorney
7. RERA Compliance: Include for newly constructed properties falling under RERA
8. Joint Ownership Provisions: Include when property is being purchased by multiple buyers
1. Schedule A - Property Description: Detailed property description including floor plan, boundaries, and measurements
2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and due dates
3. Schedule C - Title Documents: List of all title and ownership documents
4. Schedule D - Encumbrances: Details of any existing encumbrances, loans, or liens
5. Schedule E - Amenities and Fixtures: List of included fixtures, fittings, and amenities
6. Schedule F - Due Diligence Documents: List of documents reviewed during due diligence
7. Appendix 1 - Property Photos: Current photographs of the property
8. Appendix 2 - Approved Plans: Copies of approved building plans and permits
9. Appendix 3 - Society Documents: Relevant housing society documents and rules
Authors
Real Estate
Banking and Finance
Legal Services
Construction
Property Development
Housing and Urban Development
Insurance
Property Management
Legal
Real Estate
Compliance
Property Management
Documentation
Sales
Risk Management
Finance
Customer Relations
Operations
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Conveyancing Manager
Property Developer
Compliance Officer
Real Estate Transaction Manager
Legal Documentation Specialist
Title Officer
Mortgage Officer
Real Estate Broker
Property Consultant
Legal Associate
Housing Society Manager
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