The Agreement For Sale Without Possession is a specialized contract used in England and Wales when transferring property ownership without immediate transfer of possession. This document is particularly valuable in commercial property transactions, investment purchases, and situations involving existing tenancies or occupancy arrangements. It addresses the unique challenges of separated ownership and possession, including detailed provisions for future possession, ongoing occupancy rights, and the relationship between the new owner and existing occupants. The agreement provides essential protections for all parties while ensuring compliance with English property law requirements.
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1. Parties: Details of the seller and buyer, including full legal names and addresses
2. Background: Context of the sale and current status of the property
3. Definitions: Key terms used throughout the agreement
4. Sale Agreement: Core terms of the sale including price and payment terms
5. Property Description: Detailed description of the property being sold
6. Completion: Terms and conditions for completion of the sale
7. Warranties: Seller's warranties regarding the property
1. Conditions Precedent: Conditions that must be met before completion - used when specific conditions must be satisfied before sale can complete
2. Third Party Rights: Rights of third parties in relation to the property - used when there are existing third party interests
3. Tax Provisions: Specific tax arrangements - used when special tax considerations apply
1. Property Schedule: Detailed description of the property including plans and boundaries
2. Title Documents: Copies of relevant title documents
3. Encumbrances Schedule: List of any existing charges, mortgages or other encumbrances
4. Completion Requirements: Detailed list of requirements for completion
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