The Home Selling Contract is a fundamental legal document used in Irish residential property transactions. It serves as the primary agreement between a property seller and buyer, establishing their respective rights and obligations under Irish law. This document is essential when transferring ownership of residential property in Ireland, whether it's a house, apartment, or other residential unit. The contract must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and includes provisions for property description, price, payment terms, title requirements, warranties, and completion mechanisms. It's designed to protect both parties' interests while ensuring compliance with Irish property transfer requirements, planning regulations, and registration procedures.
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1. Parties: Identification of the seller and buyer with full legal names and addresses
2. Background: Context of the sale and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed legal description of the property being sold including folio number and boundaries
5. Purchase Price: Agreed purchase price and payment terms including deposit arrangements
6. Title: Seller's confirmation of good marketable title and any known encumbrances
7. Completion: Completion date, mechanics of closing, and requirements for transfer of ownership
8. Seller's Warranties: Standard warranties regarding property condition, planning compliance, and disclosed information
9. Buyer's Obligations: Buyer's commitments including payment terms and completion requirements
10. Condition of Property: State of the property at completion and any included/excluded fixtures and fittings
11. Planning and Compliance: Confirmations regarding planning permissions and building regulation compliance
12. Vacant Possession: Commitment to provide vacant possession on completion
13. Notices: Process for serving notices between parties
14. Governing Law: Confirmation that Irish law governs the agreement
1. Management Company: Required for apartments or managed developments, detailing service charges and management company arrangements
2. Tenant Rights: Required if property is currently tenanted, addressing existing tenancy agreements
3. Protected Structures: Required if the property is a protected structure, detailing relevant restrictions and obligations
4. Local Authority Housing: Required if property involves local authority or social housing elements
5. Agricultural Land: Required if property includes agricultural land, addressing any special conditions or restrictions
6. Mortgage Details: Required if property is being sold subject to an existing mortgage
7. Development Potential: Optional section addressing any development potential or planning opportunities
8. Environmental Matters: Required if there are known environmental issues or protections affecting the property
1. Schedule 1 - Property Details: Detailed property description, boundaries, and maps
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale
3. Schedule 3 - Planning Permissions: List of relevant planning permissions and certificates
4. Schedule 4 - Title Documents: List of title documents and relevant searches
5. Schedule 5 - Property Certificates: Copies of BER certificate and other relevant property certificates
6. Appendix A - Property Maps: Maps and plans showing the property boundaries and location
7. Appendix B - Building Certificates: Copies of building completion certificates and compliance documentation
8. Appendix C - Service Charges: Details of any applicable service charges or management fees
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