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Owner Financed Sales Contract Template for Ireland

This document is a comprehensive legal agreement governed by Irish law that facilitates a property sale where the seller provides direct financing to the buyer instead of the buyer obtaining a traditional mortgage from a financial institution. It combines elements of both a property sale contract and a loan agreement, incorporating key requirements from Irish property law, consumer protection legislation, and financial regulations. The document details the terms of sale, financing arrangements, security measures, and ongoing obligations of both parties throughout the financing period.

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What is a Owner Financed Sales Contract?

The Owner Financed Sales Contract is utilized in situations where traditional mortgage financing is either not preferred or not available, allowing property sellers in Ireland to directly finance the buyer's purchase. This arrangement is particularly relevant in today's market where traditional lending criteria may be restrictive for some buyers, or where sellers seek to generate ongoing income from their property sale. The document must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009 and the Consumer Credit Act 1995, while protecting both parties' interests. It includes detailed provisions for property transfer, payment terms, security arrangements, default procedures, and ongoing obligations, structured to ensure enforceability under Irish law. The agreement is suitable for both residential and commercial properties, though terms may vary significantly based on the property type and parties involved.

What sections should be included in a Owner Financed Sales Contract?

1. Parties: Identification of the Seller (Owner-Financier) and Buyer with full legal names and addresses

2. Background: Context of the sale and financing arrangement, including brief property description and parties' intention

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 and Payment Terms: Total purchase price, down payment, loan amount, interest rate, payment schedule, and amortization details

6. Security and Charges: Details of the legal charge/mortgage over the property securing the owner financing

7. Transfer of Title: Conditions and process for transferring property title, including when full title transfers to the buyer

8. Representations and Warranties: Statements of fact and promises by both parties regarding the property and their capacity to enter the agreement

9. Buyer's Covenants: Buyer's obligations including property maintenance, insurance, tax payments, and use restrictions

10. Default and Remedies: Consequences of default, cure periods, and available remedies for both parties

11. Insurance Requirements: Required property insurance coverage and terms

12. Property Taxes and Charges: Responsibility for property taxes, utilities, and other ongoing charges

13. Governing Law: Confirmation of Irish law governance and jurisdiction

14. Notices: Process and addresses for formal communications between parties

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Owner Financed Sales Contract?

1. Early Repayment Terms: Include when allowing early loan repayment, specifying any penalties or conditions

2. Property Management: Include for properties with shared facilities or management companies

3. Planning Permissions: Include when property has ongoing planning conditions or restrictions

4. Environmental Provisions: Include when property has known environmental issues or requirements

5. Tenant Provisions: Include when property is sold with existing tenants

6. Third Party Rights: Include when there are existing rights of way or other third-party interests

7. Development Rights: Include when selling with specific development potential or restrictions

8. Balloon Payment: Include when financing terms include a balloon payment at end of term

What schedules should be included in a Owner Financed Sales Contract?

1. Schedule 1 - Property Details: Detailed property description, including maps and plans

2. Schedule 2 - Payment Schedule: Amortization table showing all payments, interest, and principal

3. Schedule 3 - Property Title Documents: List of all relevant title documents and encumbrances

4. Schedule 4 - Property Condition Report: Current condition assessment and any known issues

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and minimum coverage

6. Appendix A - Property Plans: Maps, floor plans, and boundary details

7. Appendix B - Planning Documents: Copies of relevant planning permissions and certificates

8. Appendix C - Building Energy Rating Certificate: Current BER certificate and advisory report

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

Jurisdiction

Ireland

Cost

Free to use

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