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Offer To Purchase And Sale Agreement Template for United Arab Emirates

A comprehensive legal document governed by UAE law that formalizes the terms and conditions of a property sale transaction between a seller and purchaser. The agreement details the property specifications, purchase price, payment terms, conditions precedent, and completion requirements in accordance with UAE property laws and regulations. It incorporates specific UAE legal requirements, including compliance with local property registration procedures, and may include provisions for both residential and commercial properties. The document ensures adherence to UAE Civil Code requirements and relevant property laws while protecting the interests of all parties involved in the transaction.

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What is a Offer To Purchase And Sale Agreement?

The Offer To Purchase And Sale Agreement is a crucial document used in UAE property transactions to formalize property sales between parties. It serves as both an initial offer and, upon acceptance, the binding agreement for the property transfer. This document is essential in the UAE real estate market, where specific legal requirements and regulations govern property transactions. It includes detailed information about the property, purchase price, payment terms, conditions precedent, and completion requirements. The agreement must comply with UAE Civil Code, local property laws, and registration requirements, making it suitable for both residential and commercial property transactions. It's particularly important in the UAE context where property transactions often involve international parties and require strict adherence to local regulations, including those related to foreign ownership and property registration.

What sections should be included in a Offer To Purchase And Sale Agreement?

1. Parties: Identification of the seller and purchaser with full legal names, addresses, and relevant registration details as per UAE requirements

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement, including specific UAE legal and property terminology

4. Property Description: Detailed description of the property including location, size, registration details, and any included fixtures/fittings

5. Purchase Price: Specified purchase price, payment terms, deposit requirements, and payment schedule in compliance with UAE regulations

6. Payment Terms: Detailed payment structure, including deposit, installments, and final payment requirements

7. Conditions Precedent: Conditions that must be satisfied before the sale can proceed, including necessary approvals and registrations

8. Completion: Terms and process for completing the sale, including timing and requirements for transfer of ownership

9. Seller's Warranties: Warranties regarding property ownership, condition, and absence of encumbrances

10. Purchaser's Warranties: Warranties regarding capacity to purchase and financial ability

11. Property Registration: Requirements and process for registering the property transfer with relevant UAE authorities

12. Termination: Circumstances under which either party may terminate the agreement and consequences

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

14. Notices: Process for serving formal notices between parties

What sections are optional to include in a Offer To Purchase And Sale Agreement?

1. Mortgage Contingency: Include when purchase is contingent on purchaser obtaining mortgage financing

2. Property Inspection: Include when sale is subject to satisfactory property inspection

3. Escrow Arrangements: Include when using escrow services for the transaction

4. Existing Tenancies: Include when property is subject to existing tenant agreements

5. Off-Plan Purchase Provisions: Include for properties purchased before completion of construction

6. Foreign Ownership Compliance: Include when purchaser is non-UAE national, addressing specific requirements

7. Service Charge Provisions: Include for properties in managed developments with service charges

8. Property Management Handover: Include when property includes ongoing management arrangements

What schedules should be included in a Offer To Purchase And Sale Agreement?

1. Property Details Schedule: Detailed technical description of property, including floor plans and specifications

2. Payment Schedule: Detailed breakdown of payment installments and due dates

3. Title Documents: Copies of relevant title documents and property registration details

4. Inventory of Fixtures and Fittings: List of items included in the sale

5. Property Certificates: Relevant property certificates and compliance documents

6. Due Diligence Documents: List of required due diligence documents and their status

7. Form of Transfer: Template for property transfer documentation required by UAE authorities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Document Type

Contract to Sell

Cost

Free to use

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