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Learn more about Real Estate Purchase Agreement in India

An agreement is a legal contract between the seller and the buyer for a home’s sale, which governs the mutual promises made by each party. It is a formal document that evidences a property’s sale and purchase . A Sales Agreement is a legal document and a written promise to transfer that property for consideration. It records the terms and conditions of such transfer and payment and mentions the penalty for non-transfer or non-payment of the property. Prospective purchasers can submit this paper to a seller as an offer, and the seller can then negotiate conditions before signing and approving the agreement. In addition, under the Indian Registration Act, 1908, registration is required for the transfer of any interest in any real estate worth one rupee or more.

Table of contents


What is a Real Estate Purchase Agreement?

A Real Estate Purchase Contract sets forth the agreed-upon terms a buyer and seller agree to enter into a real estate transaction. The completion and signing of a purchase contract effectively place the buyer and seller “under contract”. As such, it is a binding legal agreement that outlines the key details of the home sale transaction and may also be referred to as a real estate sales contract, home purchase agreement, or real estate purchase agreement. In effect, when an offer to purchase is made for a new home, a buyer will propose terms of sale and specify important financial details such as the offer price. The seller will then have the opportunity to accept, reject or negotiate the terms of the offer.

Following any ongoing negotiations that may occur in the form of counteroffers, both parties will sign the purchase agreement when they are satisfied with the agreement’s terms. At that time, the property that is for sale and all parties to the agreement will be determined to be “under contract”. Therefore, this contract signals the intent of all parties to enter into a home sale transaction and explains what conditions must be met for the sale to close and the property to be transferred to the new buyer.

Is Real estate Purchase Agreement important in India?

The Bill of Sale is a very significant document in the purchase of any property. It is a written agreement for the property rights’ transfer from one person to another using a deed. As such, this document authorizes the buyer of property to use it for life. In other words, you can say that the deed gives the buyer a legitimate right to use the property. The most essential thing is that you cannot claim a right to the property without the deed.

What are the different types of property?

Real Estate investment is one of the most proven ways to generate wealth all over the world. The advantage of investing your money in a property is that you don’t have to wait for the right time to reap the benefits, as you always have the option of renting it out. Here is a list of different types of real estate:

Residential Real Estate

Firstly, apartments, single-family homes, multi-family homes, villas, townships, and condominiums all fall into this category. Each of these options presents different prospects from an investment standpoint. For example, the prices of well-built villas and detached homes increase over time due to the land’s increasing value and the building’s longevity.

Commercial Real Estate

Secondly, shopping malls, restaurants, schools, hospitals, and office spaces are all examples of commercial properties that we are probably familiar with. Investing in these properties’ costs more than residential properties, but the chances of generating profits are also better. However, if you are a first-time investor, it can be difficult to choose the right property to invest in. And, to stay safe, you should seek advice from a real estate investor.

Industrial Real Estate

Thirdly, buildings and factories used for manufacturing goods and storage are called industrial properties. They are usually located far from the city to avoid citizens being affected by their pollutants. Investing in these properties can be a tricky business because it is difficult to estimate capital investment.

Investing in Land

Fourthly, it is one of the cheapest and safest real estate properties in India. When you buy land for investment purposes, you don’t have to worry about theft, damage, and maintenance. But at the same time, generating passive income from land investments requires creative ideas, which may not necessarily work. However, it’s still a good idea to invest in it because it could be very profitable in the future. However, there is also a downside, which is that the loans will be charged at higher interest rates than a home loan. In addition, you will not save any taxes on the repayment of the principal amount.

How to enter into a Real Estate Purchase Agreement in India?

There is no prescribed procedure to follow to enter into a property sale agreement. The ownership documents showing the seller’s ownership of the property must be thoroughly reviewed by a lawyer. Once the agreement has been drafted by an attorney, it must be specifically and carefully read by both parties to the agreement. Any necessary changes must be made to the draft and once the agreement is finalized, it will be signed by both parties with the necessary witnesses. The house sale agreement is legally binding when it is printed on court stamp paper and signed by both parties. The stamp paper’s value depends on the particular state, where it is executed. Subsequently, each party must keep a signed copy of the Real Estate Sale Agreement.

What is included in the Real Estate Purchase Agreement?

In order to be validly formed, the Sales Contract must respect certain formalities. Thus, it must include all the necessary terms and conditions. Here are some significant conditions that must be included in an agreement for the house’s sale between individuals:

➤ Relevant personal data of the parties such as full name, residential address, and age of the parties to the agreement
➤ Property’s description
➤ Terms of payment, the method of payment, the amount to be paid by the buyer to the seller, and the period in which the payment is to be made
➤ Conditions relating to council tax, water and electricity charges, and other taxes due
➤ Indemnity clause to claim compensation from the seller for any future damages
➤ Details of the penalty to be imposed if the Seller or Buyer fails to perform its obligations under the Contract
➤ The right to close the deal
➤ Common clauses such as the contract’s termination, governing law, arbitration clause
➤ Agreement’s execution’s date

What documents are required to sell house in India?

No special documents are required to draft and execute a house sale agreement. However, parties’ identity proof must be verified to confirm the name and the buyer and seller’s permanent address. Documents proving clear title to the property of the seller in question must also be examined, as well as documents proving the transfer history of multiple owners of the property, if any, must also be collected.

What are the stages of a property transaction?

For your real estate transaction to be validly formed, you must follow these steps:

Step 1. Preliminary Research

Before negotiating a real estate transaction with the buyers, it is advisable to do some basic research and know the current rates in the area.

Step 2. Market Dynamics

One of the main rules of negotiating real estate transactions is to determine whether it is a buyers’ market or a sellers’ market. In a buyer’s market, there are more sellers and fewer buyers, while in a seller’s market, there are more buyers and fewer sellers. In a seller’s market, the chances of negotiating real estate transactions are negligible, while in a buyer’s market, you can get good rates from sellers.

Step 3. Influence of the financier and the broker

Consider the presence of financiers in the market and the influence of brokers in real estate transactions. There are fewer opportunities to negotiate real estate deals in markets controlled by influential financiers and brokers.

Step 4. No property is perfect

It is always advisable to find out the flaws of the property because we know that no asset is perfect in this world. Once you have decided to buy a particular property, you are committed to fixing the current limitations, but these limitations help to bring down the rate.

Step 5. Reason for selling

Now try to find the possible reason(s) for the sale of the property (Due to the weakening economy, rising inflation, and weakening macroeconomic indicators). Although it is very difficult to determine the reason for the sale, a little research can help. This, in turn, will help the buyer in negotiating real estate transactions. In the case of a greatly reduced property, you should be extremely careful.

Step 6. Payment terms

If you have spare cash or have a home loan, you can process the payment faster. This gives you the advantage in negotiating real estate deals, as sellers prefer buyers who can process payments quickly.

Step 7. Need a seller

If the sellers have no desire to close the deal, then forget about negotiating. Otherwise, if the seller is in dire need of funds and you have seen the same thing correctly. It will be a waste if you, as the buyer, do not negotiate the real estate deal.

Step 8. Make an agreement with the seller's broker

Build a good relationship with the seller’s broker and offer them an extra commission if they can get you an extra discount.

Step 9. Value of the property

What is the cost of a property? Is it the price the seller is willing to sell for or the price the buyer is willing to buy for? The rule of thumb in marketing is the price at which the buyer is willing to buy. Sometimes all the owners in the company pay above market rate to cartels and jacks. This reduces the opportunity to negotiate real estate transactions.

Why hire a lawyer when buying a property?

First and foremost, one of the first and most important steps you should take is to hire a good documentation attorney, as they are familiar with the finer details of the legal procedures involved in drafting sales agreements and the requirements needed. A lawyer will draft an agreement for the house’s sale. In addition, a lawyer has the legal knowledge and experience to handle and draft such documents. He or she will be able to guide and prepare for your particular situation, explaining the facts, circumstances, and requirements involved. A documentation lawyer knows the proper drafting techniques and clauses to include in your agreement. Hiring a good lawyer is a prerequisite to drafting such important legal documents. Thus, it can help you get the proper seal and registration for the home’s real estate sale.

Secondly, most of the legal cases in India are related to property, hence also come the cases where a person buys or sells his property to another person. In such a situation, only one real estate lawyer is needed. He is the person through whom any small or big legal action like buying or selling his property to a particular person or any other person can be done very easily. Indeed, to buy a property there are many formality types in the sale, in which a dispute may also arise if a formality is not fulfilled. In such a situation, only a lawyer can get a proper disposition of one’s property according to the owner of that property in a legal manner and can also help in buying or selling the property of a person.

What is Due Diligence when buying a property?

First and foremost, in real estate transactions, Due Diligence is an important step. There are reasonable steps to take in real estate transactions that everyone should adapt before entering into a real estate agreement. In doing your due diligence, you assess the risks associated with the asset you wish to purchase. You review the documents and ensure that there are no legal constraints on the property. While a real estate lawyer is careful, it is significant that you understand the basic terms used in the report and what they say to make a sound decision.

Secondly, when a full due diligence report is prepared, it is usually done for a period not exceeding 30 years from the date the seller in question came into existence. This report includes a detailed exploration of all aspects related to the history of the property. On the other hand, the limited search report is usually done for transactions where the property is taken on the lease (due diligence, history of a property, verifies all facts related to the title). The title’s meaning is right in the property. The term title does not always imply the property’s ownership. It can also mean that the right to the property is the owner or permanent owner, and a marketable title is supposed to be free from reasonable doubt. The title documents must also contain documentation showing the disposition of the accepted plan. This plan must be certified by the land registrar.

Finally, several things should be checked in a due diligence report:

➤ Verify the seller’s legal capacity: A due diligence report clearly states the legal capacity of the seller
➤ The current or any former title owner must not be a minor or alienated person
➤ If the property’s owner is not of sound mind, then only a person appointed as a guardian by a court of competent jurisdiction under the Mental Health Act of 1987 may sell on behalf of the owner
➤ If the current owner is a minor, the property may not be purchased or leased without the appropriate authority's permission
➤ The report must also state the nature of the current owner's interest in the property
➤ Where the property is owned by an undivided Hindu family, examine the family tree and check the facts accordingly
➤ Where the property is owned by a partnership, corporation, or trust, check the copy of the partnership deed. Make sure all taxes have been paid. You should also verify that all taxes have been paid by the seller. Taxes such as property tax must be paid by the seller until the property is owned.

Make sure the documents are in place:

The occupancy certificate is issued to a property by the municipal authority after verification of all supporting documents. The apartment possession is valid only after obtaining a completion certificate and an operating certificate;

Deed of Sale: You must check the original bill of sale which is in the seller’s name and ensure that the property is not mortgaged;

Power of Attorney: When the seller is not physically present to sell the property, he or she may appoint an agent with authority to sell by giving him or her a power of attorney. If the owner is a non-resident Indian and the power of attorney is executed in a foreign country, it must be notarized before the Indian Consulate for certification and must also be certified by the Sub-Registrar;

Allotment Letter and Possession Letter: when the allotment is made by the State Industrial Area Development Board, the documents relating to the allotment, lease with sale agreement, possession certificate, or manufacturer-buyer agreement must be examined;

Land Records and Transfer Entries: These are records of rights, leases, and cultivation issued by the Registrar of Land Acquisitions. They could be obtained from the Tahsildar office;

Authorization and Khata Certificate: For every registration obtained after payment of tax, a Khata Certificate is issued to the owner or his family members. This certificate is necessary to apply for water and electricity connections.

Why does the sale of a house require settlement?

It should be remembered that a contract is drawn up for the sale of real estate or a house, which states the desire of a seller and a buyer to sell and buy that property. It sets out the terms and conditions of the sale between the parties. As such, the agreement is binding on both parties. It is a significant step because the rights and responsibilities of all parties are clearly stated, thus avoiding future legal problems and confusion. Its main purpose is to provide written proof of the sale and purchase of such property. It protects the seller and the buyer’s interests. It is a legal document and is also enforceable in court.

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