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Seller Financing Purchase Agreement Template for India

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Key Requirements PROMPT example:

Seller Financing Purchase Agreement

"I need a Seller Financing Purchase Agreement for a commercial property in Mumbai, where I (as seller) will finance 70% of the INR 5 crore purchase price over 10 years, with the buyer making a 30% down payment and monthly installments at 8% annual interest."

Document background
The Seller Financing Purchase Agreement is utilized in situations where traditional bank financing is either unavailable or undesirable, and the property seller is willing to act as the financier. This arrangement is particularly common in India's diverse property market, where it can facilitate transactions that might otherwise not occur due to banking restrictions or buyer circumstances. The document must comply with Indian property and contract laws while protecting both parties' interests through detailed terms covering property transfer, payment obligations, security arrangements, and default remedies. It's especially relevant in scenarios involving commercial properties, residential developments, or agricultural land where sellers seek to expand their buyer pool while potentially earning interest income. The agreement includes essential elements such as property description, purchase price, down payment requirements, interest rates, amortization schedules, and specific provisions required under Indian law for property transactions.
Suggested Sections

1. Parties: Identification of the Seller and Buyer with complete legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a seller-financed purchase arrangement

3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Down Payment, Loan Amount, Interest Rate, and Payment Terms

4. Sale and Purchase: Core transaction terms including property description, purchase price, and transfer commitments

5. Financing Terms: Detailed structure of the seller financing including loan amount, interest rate, payment schedule, and amortization details

6. Payment Terms: Specifics of down payment, monthly payments, balloon payments if any, and payment mechanics

7. Security and Title: Provisions regarding property title, when it transfers, and security arrangements until full payment

8. Representations and Warranties: Standard and specific assurances from both parties regarding their capacity, property condition, and transaction validity

9. Buyer's Covenants: Ongoing obligations of the buyer including property maintenance, insurance, taxes, and use restrictions

10. Default and Remedies: Events of default, cure periods, and available remedies including foreclosure rights

11. Property Possession and Maintenance: Terms regarding property possession, maintenance responsibilities, and permitted modifications

12. Insurance and Taxes: Requirements for property insurance and responsibility for property taxes

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. Notices: Process and addresses for formal communications between parties

15. General Provisions: Standard boilerplate including severability, entire agreement, amendments, and counterparts

Optional Sections

1. Due Diligence: Used when buyer requires time to conduct property investigations before finalizing

2. Property Management: Include when property is income-generating or has multiple occupants

3. Prepayment Provisions: Used when early payment options are allowed, including any penalties

4. Co-Signer Provisions: Include when a third party is guaranteeing buyer's obligations

5. Escrow Arrangements: Used when an escrow agent will handle payments or documents

6. Construction/Renovation Terms: Include when property requires or will undergo significant modifications

7. Environmental Matters: Important for commercial properties or properties with potential environmental issues

8. Assignment and Transfer: Include when either party may need to transfer rights under the agreement

Suggested Schedules

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

2. Payment Schedule: Amortization table showing payment breakdown, principal, and interest over time

3. Property Inventory: List of included fixtures, fittings, and other items included in sale

4. Title Documents: Copies of relevant property ownership documents and encumbrance certificates

5. Insurance Requirements: Detailed specifications for required insurance coverage

6. Property Condition Report: Documentation of property condition at time of agreement

7. Due Diligence Reports: Summary of any investigations or reports on the property

8. Form of Promissory Note: Template for the promissory note evidencing the debt

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

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Relevant Industries

Real Estate

Property Development

Construction

Commercial Property

Residential Property

Agriculture (for farmland)

Industrial

Retail

Hospitality

Healthcare (for medical facilities)

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Business Development

Property Management

Asset Management

Operations

Documentation

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Contract Manager

Real Estate Agent

Property Manager

Business Development Manager

Finance Manager

Risk Manager

Compliance Officer

Real Estate Attorney

Director of Real Estate

Chief Financial Officer

Property Acquisition Manager

Asset 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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