The Apartment Sale Agreement is a crucial legal document used in Irish property transactions for the transfer of apartment ownership. This comprehensive agreement is essential when selling or purchasing an apartment in Ireland, whether it's a new build or existing property. The document must comply with Irish property law, particularly the Multi-Unit Developments Act 2011, and includes detailed provisions about the property's characteristics, ownership rights, management company structure, and service charge obligations. It protects both parties' interests by clearly stating the terms of sale, purchase price, completion requirements, and respective obligations. The agreement is particularly important in apartment transactions due to the complexity of shared ownership structures, common areas, and ongoing management company obligations that don't typically exist in standard house sales.
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1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses
2. Background: Context of the sale, including brief property description and confirmation of vendor's intention to sell and purchaser's intention to buy
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Completion Date', 'Management Company', 'Common Areas', and other relevant terms
4. Sale and Purchase: Core agreement to sell and purchase the property, including the purchase price and payment terms
5. Title and Registration: Vendor's confirmation of good marketable title and arrangements for title transfer
6. Property Description and Boundaries: Detailed description of the apartment, including floor level, unit number, and defined boundaries
7. Management Company and Service Charges: Details of the management company, service charges, sinking fund contributions, and related obligations
8. Completion: Completion date, completion requirements, and procedures for closing the sale
9. Vendor's Covenants: Vendor's warranties and obligations regarding the property's condition, title, and disclosures
10. Purchaser's Covenants: Purchaser's obligations including payment, compliance with management company rules
11. Risk and Insurance: Transfer of risk and insurance obligations between parties
12. Notices: How and where formal notices under the agreement should be served
13. Governing Law: Confirmation that Irish law governs the agreement
14. Execution: Signature blocks and execution requirements
1. Tenant Rights and Obligations: Required if the property is currently tenanted, addressing notice requirements and tenant rights
2. Mortgage Details: Required if the property has an existing mortgage to be discharged
3. Parking Space: Required if a designated parking space is included in the sale
4. Storage Units: Required if separate storage units are included in the sale
5. Fixtures and Fittings: Detailed list of items included/excluded in the sale if different from standard inclusions
6. Planning Compliance: Required if there are specific planning conditions or requirements affecting the property
7. Defects Period: Required for new builds, detailing developer's obligations regarding defects
8. Stage Payments: Required for new builds or off-plan purchases, detailing payment schedule
1. Schedule 1 - Property Description: Detailed property description including folio number, map, and exact measurements
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of fixtures and fittings included in the sale
3. Schedule 3 - Management Company Rules: Copy of current management company rules and regulations
4. Schedule 4 - Service Charge Budget: Current year's service charge budget and allocation
5. Schedule 5 - Planning Documents: Relevant planning permissions and compliance documents
6. Appendix A - Property Plans: Floor plans and location maps of the apartment
7. Appendix B - Building Insurance: Details of building insurance policy
8. Appendix C - Fire Safety Certificate: Copy of current fire safety certificate
9. Appendix D - BER Certificate: Building Energy Rating certificate and advisory report
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